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RESOLUTION NO. 2023-183
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE VISUAL, PERFORMING AND
LITERARY ARTS GRANT AWARDS TO WINNING
APPLICATIONS IN THE AMOUNT OF $25,296.
WHEREAS, the City collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and Cultures; and WHEREAS, the Mayor and City Council accepted the recommendation of the Arts and Historical Preservation Commission of the City of San Bernardino to approve the allocation of Cultural Development funds to support the Visual, Performing, and Literary Arts grant to reengage the art community in the City; and
WHEREAS, the Parks, Recreation and Community Services Department staff and the Arts and Historical Preservation Commission received and evaluated thirteen grant applications; and WHEREAS, due to limited funding and shortage of scoring responses from the Arts and Historical Preservation Commission, staff decided to divide the funding in six ways to allow for an even distribution of funding in each area of the VPLA categories (Music, Dance, Visual Art, Theater, Literary Arts, and Film); and
WHEREAS, upon further review and additional inquiries, staff have decided on six applications to grant an equal amount of $4,126 to support the proposed projects.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Mayor and City Council hereby approve $25,296 from the Community Development Impact account to distribute awards for the Visual, Performing, and Literary Arts Grant.
SECTION 3.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
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Resolution No. 2023-183
Resolution 2023-183
December 6, 2023
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SECTION 4.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of December 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2023-183
Resolution 2023-183
December 6, 2023
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-183, adopted at a regular meeting held on the 6 th day of December 2023 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023.
Genoveva Rocha, CMC, City Clerk
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1 APPLICATION GUIDELINES FOR FUNDING REQUESTS 2023-2024
THE VISUAL, PERFORMING AND LITERARY ARTS
The City of San Bernardino Arts and Historical Preservation Commission Visual, Performing and Literary Arts (VPLA) grants will be made available to qualifying arts organizations and/or individuals for the enhancement and support of city-wide art and cultural programs of benefit and interest to a broad segment of our population.
Funding considerations for approved programs will be for a one-year period only. The maximum funding per organization will be $25,000. Applicants who have received grant award funding within the past 12 months are disqualified and not eligible to apply for grant award funding for this grant -program application period. San Bernardino residents will be given priority in selection.
Qualifications include:
1. Applicant must be an Inland Empire resident and the proposed art project must benefit the arts and cultural experience within the City of San Bernardino.
2. Applicant does not need to provide proof of insurance unless they are an organization, registered by the state, to conduct business. These organizations must provide liability insurance required by the State of California to operate as a business.
3. Applicants who intend to sell their art will be required to apply for a business license prior to selling items.
4. Applicants who are awarded grant-funding will be required to showcase their art at the FESTIVAL event in May 2024 and the Arts Fest in March 2025.
5. Applicants will be required to present their submitted proposals to the Arts and Historical Commission in November 2023. Applicants who fail to present their proposal in-person will be disqualified and no longer considered for VPLA grant-funding.
Arts Grant requests must relate to one of the following categories to be eligible for funding consideration:
1. Music---Organizations and/or individual offering training, exposure, opportunities and/or creative resources for vocal and instrumental experiences.
2. Dance---Organizations and/or individuals who provide opportunities for teaching and presenting dance performances.
3. Visual Art---Organizations and/or individuals whose programs involve the experience of creating and/or presentation of visual art. This may be placed indoors for viewing or considered for public art in public spaces (statues, murals, etc.)
4. Theater---Organizations and/or individual whose programs provide opportunities for involvement in theater, musical theater, mime and/or opera/theater works.
5. Literary Arts---Organizations and/or individuals who provide experiences in creative writing, poetry or prose that culminates in a reading and/or display of the creation.
6. Film---Organizations and/or individuals who provide experiences in filmmaking (production, acting, direction, etc.)
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2 GENERAL INSTRUCTIONS
Applicants must follow the general instructions:
1. All materials for the submission must be typed.
2. Use designated space provided for program description, statement of need, intended results, future objectives, and history/background.
3. All supplemental material should be on plain white letter-sized paper and must refer to the corresponding application section number.
4. Nine (9) sets of the completed application, along with all programs printed during the most recent fiscal year, must be submitted to the Arts and Historical Preservation Commission at the City of San Bernardino Parks, Recreation and Community Services Department main o ffi c e
no later than 4:00 P.M. on September 15, 2023.
Mail to: Arts and Historical Preservation Commission
c/o City of San Bernardino - Parks, Recreation
& Community Services Department
290 North “D” Street
San Bernardino, CA 92401
5. Be sure to complete the checklist to make certain that you have included all required information. Keep this checklist for your personal records.
Omission of required information, without explanation, or failure to complete the forms in accordance with instructions may be cause for the applicant to receive a lower rating for funding consideration or rejection.
6. The application(s) should be assembled with all pages numbered chronologically and fastened by a single staple in the upper left corner.
Please submit all application inquiries to Lesa Nichols at [email protected]
Interviews of the applicants will be scheduled following the submission and review of all applications; applicants will be notified via email of their interview date, time and location.
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3 INSTRUCTIONS FOR COMPLETING THE APPLICATION
I. Applicant name, address, telephone number, and email.
II. Program category under which support is requested. Please indicate the appropriate category.
Refer to application guidelines for program category definitions.
III. Period of Support requested-The span of time necessary to plan and implement the proposed program for which funding is requested, to begin no later than January 1, 2024, and to be completed before June 30, 2024.
IV. Project Description/Statement of Need- Describe clearly and concisely how the requested funds will be spent. The first sentence of your program description should briefly summarize your entire program; more detail regarding the educational component(s) of the project should be provided in subsequent sentences. Where appropriate, include the names of key organization members or personnel, and their role in the implementation of the program. The statement of need should reflect the cultural need(s) of a target group or groups and include measurable support information to reflect the existence of this need.
V. Estimated Number of Persons Expected to Benefit from This Program-The total number of classes, performances, or displays and the number of students, audience members or others who are expected to benefit directly.
a. Number of persons who will pay an admission charge to experience art. b. Number of persons who will receive free admission.
c. Number of classes or performances scheduled for the performing arts or length of display for visual arts or number of art exhibits or viewings.
VI. Intended Results-Explain in measurable evaluation terms, the intended results or impact anticipated by your program funding request. If possible, please incorporate the requested data into a spreadsheet (See example). Identify the target group or groups you intend to benefit, setting a time frame for accomplishment and providing a realistic quantitative indicator of groups served, such as: senior citizens, number of performances, anticipated maximum audience. Sign-in forms of participants, audience members, etc. may be used to fulfill this requirement.
Example for VI.
Target Group(s) Children, ages 5-12 Senior Citizens High School Students Time Frame 7/1/20-6/30/21 7/1/20-4/13/21 9/20/20-6/1/21 Number of
performances,
classes, exhibits, etc.
6 classes, 1 performance
6 classes, 1 performance 64 classes (4 days a
week); 3 exhibits
Anticipated Participants - 25 600 30 Participants
maximum audience, Audience - 100 300 audience
participants,
, etc.
Questions? Submit to Lesa Nichols at Nichols [email protected]
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4 I. Project Budget- Using the form provided, list the expenses of the project for which you are applying, and give a brief description of each line item. Give the total amount requested from the Art and Historical Preservation commission for that line item. Total the expense and amount requested columns.
See Example below:
II. Future Objectives - Explain your plans and goals for additional supplemental funding (i.e., sponsorships, donors, fund raising events). Be as complete and accurate as possible. Explain supplemental fundraising plans and what your plans are if funding from the Art and Historical Preservation Commission is not received.
III. Brief History/Background of Organization and/or Individual -Explain history of your organization in the City of San Bernardino. Be as detailed as possible. Include funding- level history and background or supplemental funding, as well as community support, subscriber, and ticket sales levels.
List item expenses Brief description of each
line item
Total Budget
per line item for
this project
Total amount requested
from Arts & Historical
Preservation
Commission
Salary/Wages For personnel working
on this project
$2025 $0
Supplies/Materials Items needed to
adequately meet the
goals of the project
$1500 $1500
Equipment Needed to meet goals of
the project
$2500 $2000
Travel For project leaders who
travel from one project site
to another, or participant
travel as part of the
project
$ 75 $ 75
Rentals or Leases Payment for use of location
for classes, performances,
exhibits
$1200 $ 500
Fees and Other, License/Royalty to perform
play
$ 250 $ 250
TOTALS OF
EXPENSES, AND
AMOUNT
REQUESTED
$7550 $4325
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5 VISUAL, PERFORMING AND LITERARY ARTS ----GRANT APPLICATION FORM City of San Bernardino---Art and Historical Preservation Commission
I. Applicant Information
Name of Individual: ____________________________________________________ Physical Address: _______________________________________________________________ Mailing Address: ________________________________________________________ Telephone No.: _________________________________________________________________ Website Address: ______________________________________________________________ II. Contact Person
Title: _________________________________________________________________
Telephone#: ____________________________________________________________
E-mail Address: ___________________________________________________________
III. Program Category under which support is requested. Please indicate the appropriate category. Refer to application guidelines for program category definition.
IV. Project Description/Need Statement (include plan for collaboration with a local business if you have one?
V. Realistic number of persons expected to benefit from the program. The total number of classes, performances or displays and the number of students, audience members or others who are expected to benefit directly.
a) Number of persons paid by attendance. __________________________________ b) Number of persons admitted by no fee. __________________________________ c) Number of classes and/or performances scheduled for the performing arts or length of display/exhibit for the visual arts.
_____________________________
d) Total attending classes/performances/displays/exhibits_________________
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6 VI. Intended Results: Explain in measurable evaluation terms the intended results or the impact anticipated by your program funding request. If possible, please incorporate the requested data into a spreadsheet (See example). Identify the target group or groups you intend to benefit, setting a time frame for accomplishment and providing a realistic quantitative indicator of groups served, such as: senior citizens, number of performances, anticipated maximum audience. (See example) Sign- in forms of participants, audience members, etc. may be used to fulfill this requirement.
VII. Project Budget: Using the form provided, list the expenses of the project for which you are applying, and give a brief description of each line item. Give the total amount that the project will cost per line item. Give the amount requested from the Arts and Historical Preservation Commission for that line item. Total the expense and amount requested columns.
Target Groups
Time Frame
Number of performances /
classes / exhibits
Anticipated maximum
audience, participants, etc.
Line-Item Expenses Brief Description of
each line item
Total budget per line
item for this project
Total amount
requested from Arts &
Historical Preservation
Commission
$ $
$ $
$ $
$ $
$ $
$ $
TOTAL EXPENSES
ANDAMOUNT
REQUESTED
$ $
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7 What are other sources of funding for this project? Grants, Contributions, Revenue (such as ticket sales, etc.)
VIII. Future Objectives
IX. Provide a brief history/background of your organization and yourself as an artist and what you have done before in this category of the arts.
X. Attach a list of your 3 references (professional and personal)
CERTIFICATION:
Project Officer:_____________________________Title:____________________________ Telephone #: _________________________Cell Phone#:___________________________ Date: ______________________ E-mail Address: _________________________________ Name of funding source Amount committed to this project
TOTAL of funding sources
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8 CHECKLIST
Use this form to make sure you have properly completed your application and keep for your personal records. Applications not properly prepared may receive a lower ranking or be rejected without consideration for funding. Review this before submitting your application.
1. Is the application typed?
2. Are all the pages in proper order and numbered?
3. Does supplemental material refer to appropriate section number?
4. Are all questions answered?
5. Does the need statement really present a valid, easily understood idea?
6. Is there a target group identified in the need statement?
7. Does the need statement represent a local need?
8. Do your intended results explain activities you plan to do in order to meet the needs you have identified?
9. Did you explain and specify in measurable terms your intended results for the target group?
10. Did you respond to the application instructions element by element?
11. Are your calculations correct?
12. Is the application being submitted to the Art and Historical Preservation Commission?
13. In reviewing the application from beginning to end, is there continuity of thought and readability?
14. Are you filing the application within the appropriate time frame?
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9 TIMELINE FOR ARTS GRANTS
Notification of applications available City's website, 8/10/2023 Newspapers, Mailing lists (non-profits), etc.
Applications returned to city Commissioners 9/15/2023 Applicant Interview November meeting
Arts & Historical Preservations Commission Recommendations November meeting Recommendations to City Council December meeting
Tentative Notification to grantees December 15, 2023
Checks issued to recipients January 2024
REVIEW & FUNDING PROCESS
The Arts and Historical Preservation Commission reviews all applications and conducts public meetings to receive input from applicants and the public as needed. Funding is competitive and based on application quality and relevance to City goals. Individual artists will not be required to present insurance for public art. The City does not take any responsibility for public art projects being damaged or stolen.
NOTE: Programs submitted for Grant Funding must differ from programs approved for Community Development Block Grant funding (CDBG). Applicants will be notified of applicable meeting dates relevant to their grant application.
RETURN OF FUNDS
Organization and/or individual are required to return any unexpended funds at the end of the six-month grant period. City monies shall be used only for the purpose duly authorized by the Arts and Historical Preservation Commission and in accordance with the budget information submitted by the organization and/or individual.
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City of San Bernardino
Arts and Historical Preservation Commission
Parks, Recreation & Community Services Department
Visual and Performing Arts Grant
Dear Award Recipient,
Your organization received a grant from the City of San Bernardino to be utilized for project(s) during the period of (date to be listed). In order to monitor the effectiveness of the grant award process in the city, it is required that you complete this form with detailed information about your project(s). Please comment on programs, services, and events that have been completed in the first half of your award year.
SEMI-ANNUAL PERFORMANCE REPORT- (add year)
Name of Organization: ______________________________Phone: _______________________ Mailing Address: _____________________________________________Zip: _______________ Report Preparer: __________________________________
Title: ______________________________
Contact Number: __________________________________
Email: ______________________________
Specify Report Period: 6-month Report, (first half of year) 6-month Report, (2nd half of year) (Due: TBD)) (Due: TBD)
Funds Approved: $________
Funds expended per report period: $________
Funds remaining: $________
PERFORMANCE INFORMATION
1. Describe how grant funds have been used this report period. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________
2. List dates of activities/services/trainings and method of service delivery i.e. (virtual, on-site or both)
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City of San Bernardino
Arts and Historical Preservation Commission
Parks, Recreation & Community Services Department
Visual and Performing Arts Grant
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ (Note: attach activity fliers/advertisement/agendas, as relevant to funded activities)
3. Total Number of Individuals Served: ________
Number of City Residents Served: ___________
4. City In-kind services received/utilized, if any:
_____________________________________________________________________________________ _____________________________________________________________________________________
5. City- Agency Partnerships Implemented, if any:
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________
6. List the goals that were achieved by your project during this report period:
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________
7. Using the budget worksheet below, note expenses charged to the grant program this report period.
Direct Costs: (Project Specific Costs) AMOUNT
Salaries & Benefits $____________________________________________ Supplies $____________________________________________
Printing $____________________________________________
Professional Services $____________________________________________
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City of San Bernardino
Arts and Historical Preservation Commission
Parks, Recreation & Community Services Department
Visual and Performing Arts Grant
Materials and Supplies $____________________________________________ Insurance/Permits $____________________________________________ Capital Purchases $____________________________________________ Other (Please Specify) $____________________________________________ Indirect Costs (applicable to grant program only, as noted in grant budget) Administration Costs $_________________
Facility Rents/ Maintenance $ _________________
Utilities- gas, electricity, telephone $_________________ Depreciation $_________________
Other: Specify: __________________ $ _________________
GRAND TOTAL EXPENSES $_________________
8. Authorizations:
I hereby certify the information contained in this report is true to the best of my knowledge and belief. I also hereby certify that our organization is in compliance with all state, federal, and local laws regarding licensing and employment practices.
Print Name of Report Preparer: ___________________________________________ Title: __________________________________
Preparer Signature:
____________________________________________________Date:____________________ Print name of President or Authorized Officer: ___________________________________ Title: ______________________________
President Signature: ______________________________________________________________ Date: ________________________
Please return by (DATE) to:
Arts and Historical Preservation Commission
Parks, Recreation and Community Services Department
209 North D St.
San Bernardino, CA 92401
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 6, 2023
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Darren Goodman, Chief of Police
Department: Police
Subject: Execute a Professional Service Agreement with the Women’s Inspirational Network and Issue a Purchase
Order (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize:
1. The City Manager to execute a professional services agreement and any subsequent amendments with Women’s Inspirational Network
2. The Director of Finance and Management Services to issue a purchase order in an amount not to exceed $300,000.
Executive Summary
The City was awarded Proposition 64 Grant (Prop 64) funding effective May 1st, 2023, to October 31, 2028. Half of the funding is dedicated to youth outreach through community based non-profit organizations (CBOs). The Women’s Inspirational Network (WIN) partnered with the Police Department to apply for the grant and will provide curriculum and staff to administer youth outreach and development efforts.
Staff requests that the City Manager is authorized to execute a professional services agreement with WIN.
Background
The Proposition 64 Public Health and Safety Grant is funded from tax revenue generated by the sales of legal adult-use cannabis or cannabis products. The grant is awarded through the Board of State and Community Corrections (BSCC) and is intended to fund efforts to assist law enforcement or other local projects addressing public health and safety issues associated with the implementation of the Proposition 64 Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA).
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WIN contacted the Department with a proposal to partner and provide youth outreach services to apply for the grant. The Department was unaware of the grant prior to being contacted by WIN and upon notification, had a two-day window to meet the grant application deadline. The Department applied for the competitive grant in December 2022. In April 2023, the BSCC notified the Department that its proposal was awarded $3,000,000 in grant funding to support a program involving youth outreach, crime enforcement, and a cannabis awareness program. The Mayor and City Council authorized the City Manager to execute an agreement to accept the funding on June 21, 2023. The City received the fully executed agreement on August 11, 2023.
Discussion
In December 2022, WIN contacted the Department and asked to partner to apply for the Proposition 64 Grant. The grant required a governmental agency with local authority within a county or city to apply as the lead public agency. Staff reviewed the grant, and although there was a limited window of opportunity to apply, staff believed the grant would benefit the City.
The Prop 64 Grant is a competitive grant. To achieve the highest rating, the Department researched prior grant awardees and addressed as many Project Purpose Areas (PPAs) as possible in the grant proposal. The Department proposed a multi- pronged approach including enforcement, education, outreach, prevention, and intervention and was successful in ranking second amongst proposals of the same category. The Department requested half the funding to address public safety issues related to Proposition 64, and half was designated to be used by Community-Based Organizations (CBOs) to provide youth outreach dedicated to prevention and intervention to discourage youth addiction and develop the skills and knowledge necessary to become successful adults. Although the City has applied for and successfully been awarded more than $28,000,000 in grant funding since 2020, the Proposition 64 Grant was the first grant the Department incorporated CBOs into a proposal.
After being notified of the grant award, staff researched several options to select and utilize CBOs. The Prop 64 Grant is data intensive. Each grantee is subject to site visits, periodic audits, and a final financial audit at the grant's conclusion. The grant funding is ongoing and consists of multiple Cohorts; therefore, implementation of a successful program may lead to future additional grant awards for the City. Consequently, staff attempted to identify a method most likely to lead to successful use of CBOs to ensure financial and programmatic accountability, training consistency, and data gathered.
Staff noted that the City of Sacramento received consecutive grant awards in Cohort 2 and 3. Sacramento partnered with a lead CBO to apply for the Prop 64 grant and provide training and oversight to additional CBOs later identified through an RFP process. The lead CBO is responsible for program oversight, financial management,
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and data collection. This streamlined process unifies CBOs towards a single mission and prevents messaging and data collection differences.
Rather than identify multiple CBOs to develop and implement training, staff requests authorization to use WIN as a lead organization to implement the San Bernardino City Cannabis Awareness, Responsibility, and Education for Students Program (CARES).
WIN is an NAACP affiliate and a local, grassroots, community-driven organization. WIN researched Proposition 64 Grant Cohort 3 and proposed a partnership with the Police Department to provide youth development services to the community to educate, empower, and prevent substance abuse. WIN intends to implement the CARES curriculum to reach more than 500 youth annually.
Each year, the City will participate in an RFP process to identify additional CBOs to participate in the CARES Program and apply for funding for participant incentives and authorized associated costs to implement the program. CBOs will participate as subcontractors through WIN. WIN will be the only CBO responsible for submitting reimbursement requests for grant-funded services.
Proposition 64 is a five-year grant with a service delivery period of May 1, 2023, to April 30, 2028. Payments for the grant are made quarterly, in arrears. CBOs may only invoice the City for eligible expenses as identified in the BSCC July 2023 Grant Administration Guide, and all expenses will be reviewed and approved by the grant manager. Staff projected CBO funds at $300,000 a year; however, since the contract will not be effective until six months into the grant service term, any unexpended funds will be carried over into the remaining years. WIN and the Department will assess the program throughout the year, and WIN will propose a new budget each year to be accepted by the City.
Staff requests the City Manager be authorized to enter a Professional Service Agreement with WIN for the remainder of the first grant year with the option to extend year by year for the duration of the grant in an amount not to exceed $1,500,000.
Additionally, WIN has invested staff time and resources in assisting in completing the grant and developing the curriculum. Although the Professional Service Agreement will be executed on December 6, 2023, the BSCC has approved the funding expenditure effective May 1, 2023. Staff requests WIN be permitted to invoice for services retroactively to the most recent invoicing period beginning October 1, 2023. 2021-2025 Strategic Targets and Goals
The request to authorize the receipt, obligation and expenditure of the Proposition 64 Public Health and Safety Cohort 3 Grant aligns with Key Target 3c: Improved Quality of Life - Constantly evaluate public safety service delivery models to enhance the quality of service.
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Fiscal Impact
There is no General Fund impact associated with this item as there are no fund match requirements under this grant. The cost for this contract will be reimbursed through Proposition 64 Grant Funds.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize:
1. The City Manager to execute a professional services agreement and any subsequent amendments with Women’s Inspirational Network
2. The Director of Finance and Management Services to issue a purchase order in an amount not to exceed $300,000.
Attachments
Attachment 1 – PSA with Women’s Inspirational Network
Attachment 2 – 2022 Prop 64 Grant Agreement
Attachment 3 – Minimum Criteria for NGO Agreement
Ward: All Wards
Synopsis of Previous Council Actions:
June 21, 2023 Mayor and Council adopted resolution 2023-088 accepting Proposition 64 Grant funding and issued a purchase order to Sicuro Data Analytics LLC.
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1 PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND WOMEN’S INSPIRATIONAL NETWORK
This Agreement is made and entered into as of December 6th, 2023 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Women’s Inspirational Network, a non-profit public benefit corporation with its principal place of business at 1505 W. Highland Ave. Ste 6, City of San Bernardino, CA 92411 (hereinafter referred to as “Consultant” or “Sub-Recipient”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
Youth Outreach and Development Services (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”
3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.”
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2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $1,500,000. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.
Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction.
City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. c. Budget. Consultant agrees to provide the City with an annual budget, as described in “Exhibit B,” on April 1st for every year this Agreement is in effect.
Annual budgets for the remaining years of this Agreement may be adjusted to reflect changes in the Scope of Services. Such adjustments shall only be made with the approval of the City and shall not exceed the total amount paid for services, as defined in paragraph 4(b) above.
5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.
Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing.
6. Term. This Agreement shall commence on December 6, 2023, through April 30, 2024, unless the Agreement is previously terminated as provided for herein (“Term”). The City may, in its sole and absolute discretion, exercise up to four single-year renewal options to extend the Term of the Agreement.
7. Maintenance of Records; Audits.
a. Subject to paragraph 7(c), records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Subject to paragraph 7(c), books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
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3 c. Consultant hereby agrees to maintain all books and records required to be retained under paragraphs 7(a) and 7(b) above for the greater of (i) the time periods set forth in such paragraphs or (ii) three (3) years after the acceptance of the final grant project audit under the Grant Agreement between the City and the Board of State and Community Corrections.
8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements and any and all applicable Proposition 64 Public Health and Safety (Prop 64 PH&S) Grant Program requirements, as set forth in and/or referenced in Exhibits C and D to this Agreement, which are attached hereto and incorporated herein by this reference (the “Grant Requirements”). Additionally, Consultant shall assist the City, as requested, in complying with all such Grant Requirements. b. If required, Consultant shall assist the City, as requested, in obtaining
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4 and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.
13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
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5 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements
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6 providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance
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7 appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a
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8 waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
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9 (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact
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10 same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
18. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
19. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
20. Termination or Abandonment
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11 a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.
In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
21. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.
22. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.
23. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.
24. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
25. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon
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12 payment in full for the services described in this Agreement, be furnished to and become the property of the City.
26. Organization. Consultant shall assign Che Wright as Project Manager.
The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
27. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.
28. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Manager
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Women’s Inspirational Network
1505 W. Highland Ave. Ste 6
San Bernardino, CA 92411
Attn: Che Wright
29. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
30. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
31. Entire Agreement. This Agreement, including the exhibits referenced herein, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.
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13 32. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.
33. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
34. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
35. Time of Essence. Time is of the essence for each and every provision of this Agreement.
36. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
37. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
38. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
39. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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14 40. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.
41. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
42. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
43. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators may result in disciplinary action as follows:
(i) Informal Warning (Written or Verbal). Consultant is given a warning in regards to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant.
(ii) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided a reasonable time to make corrections to their performance.
This time period
(iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after previous warnings have been issued.
(iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement. [SIGNATURES ON FOLLOWING PAGE]
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15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND OPERATION NEW HOPE
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Charles Montoya
City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
Signature
Name
Title
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16 EXHIBIT A
SCOPE OF SERVICES FOR CITY OF SAN BERNARDINO
December 6, 2023, to April 30, 2024
Consultant Activities:
Agency Name: Women’s Inspirational Network Fiscal Year: 2023-2024 Program Name: Cannabis Awareness, Responsibility, and Education for Students Service Area: City-wide
1. Expectation(s): The following are annual expectations and subject to change based on agreement between the City of San Bernardino and Women’s Inspirational Network provided the changes continue to support the intent of the Proposition 64 Grant Cohort 3. •Engage a minimum of 500 youth in outreach programs
designed to educate youth about the dangers of
cannabis use and substance abuse and empower youth
to make healthy productive life decisions.
•Organize at least 10 workshops and community events
targeting youth participation.
•Gather relevant program data identified by the Police
Department to support the grant to analyze and measure
program effectiveness and progress.
•Submit quarterly progress reports in a format identified by the Police Department.
•Solicit additional CBOs to implement Cannabis
Education and Prevention curriculum in their programs.
•Act as lead CBO to provide oversight and accountability of additional CBOs through subcontracts to provide
services that support the program.
2. Outcome(s): 1. Increase youth participation in the program annually.
2. Educate youth about the dangers of cannabis and
substance abuse.
3. Prevent youth cannabis, substance abuse, and addiction.
4. Increase the number of youth participants in the youth CARES Pledge Commitment.
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17 3. Activities: Activities for Programming
Increase youth and young adult participation in outreach programs. (All Participants)
We will implement targeted outreach conferences, workshops, rallies, and community events to engage more youth and
young adults in our programs. By increasing participation, we can effectively reach and educate a more sizable portion of our community’s youth and young adult population.
Underage Peer Advocacy Prevention (5th- 6th Grade)
We will support forming advocacy clubs within schools and community centers, empowering youth to advocate for
cannabis and substance abuse prevention among their peers.
Educate Youth About the Dangers of Substance Abuse (7th – 8th Grade)
Through evidence-based educational programs, workshops, and awareness campaigns, we will equip youth and young
adults with the knowledge and resources to make informed decisions regarding cannabis use. These efforts will focus on raising awareness about the risks and consequences
associated with cannabis and substance abuse.
Youth Driven Community Think-Tanks (9th-12th Grade)
Encouraging our youth to actively participate in shaping their community's policies and initiatives is crucial. We will establish youth-driven think tanks to enable youth to voice their concerns, propose solutions, and influence decision-making processes.
Educate Young Adults about the Dangers of Substance
Abuse: (Community College)
Through evidence-based educational programs, workshops, and awareness campaigns, we will equip young adults with the knowledge and resources to make informed decisions
regarding cannabis and substance use. These efforts will focus on raising awareness about the risks and consequences associated with cannabis and substance abuse.
Youth Cannabis Sobriety Pledge
An essential part of our program activities involves encouraging youth to make pledges, committing to refraining from cannabis use until they reach the state’s legal age of consumption.
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18 Non-Allowable Activities:
Participants may not partake in activities that require high levels of safety precautions.
Participants may not partake in activities that require specialized training unless that training is provided by the organization.
Participant Eligibility Requirements:
All participants will be between 10-21 years of age.
Sub-recipients are required to establish a process to properly verify the eligibility of a candidate before participating in the program.
Data Collection & Reporting Requirements:
The following data must be collected and reported, on provided reporting workbook template, to the City of San Bernardino on a quarterly basis according to Data Reporting Schedule below:
1. Participant Eligibility Data
2. Participant Demographic/Contact Information
3. Entrance and Exit Interview Data (As developed by the Police Department)
4. Program Specific Data (As developed by the Contractor)
5. Participant Pledge Commitment Participation
6. Success Stories
7. Participant Hours
The City of San Bernardino will provide the template to withhold said metrics following the execution of this agreement. These metrics are subject to change, depending on the direction given from the parent granting agency, or requirements required by the City of San Bernardino to report: The subrecipient is required to retain program documentation for a period of 5 years, following program completion.
Data Reporting Schedule:
Data Reporting Period Due Date
May 1 ,2023 to June 30, 2023 July 15, 2023
July 1, 2023 to September 30, 2023 October 15, 2023
October 1, 2023 to December 31, 2023 January 15, 2024
January 1, 2024 to March 31, 2024 April 15, 2024
April 1, 2024 to June 30, 2024 July 15, 2024
July 1, 2024 to September 30, 2024 October 15, 2024
October 1, 2024 to December 31, 2024 January 15, 2025
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19 January 1, 2025 to March 31, 2025 April 15, 2025
April 1, 2025 to June 30, 2025 July 15, 2025
July 1, 2025 to September 30, 2025 October 15, 2025
October 1, 2026 to December 31, 2026 January 15, 2026
January 1, 2026 to March 31, 2026 April 15, 2026
April 1, 2026 to June 30, 2026 July 15, 2026
July 1, 2026 to September 30, 2026 October 15, 2026
October 1, 2026 to December 31, 2026 January 15, 2027
January 1, 2027 to March 31, 2027 April 15, 2027
April 1, 2027 to June 30, 2027 July 15, 2027
July 1, 2027 to September 30, 2027 October 15, 2027
October 1, 2027 to December 31, 2027 January 15, 2027
January 1, 2028 to March 31, 2028 April 15, 2028
April 1, 2028 to April 30, 2028 May 15, 2028
Branding Requirements:
Consultant may be required to take part in Proposition 64 Grant Cohort 3 events/training as requested by the Police Department and be expected to use SBPD developed branding for the San Bernardino Youth Empowerment Initiative Program.
Right to Monitor and Audit
The City or any subdivision or appointee thereof, and the State of California or any subdivision or appointee thereof, including the Auditor General, shall have absolute right to monitor and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to observe the performance of Contractor in the delivery of services provided under this Contract. Contractors shall give full cooperation during any auditing or monitoring conducted.
Contractor shall cooperate with City in the implementation and evaluation of this Contract and comply with all reporting requirements established by City.
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20 EXHIBIT B
FISCAL PROVISION & BUDGET
Invoicing Requirements:
This subgrant is a cost-reimbursement grant. The grant is invoiced quarterly in arrears.
As such, the subgrantee will be required to submit quarterly and timely invoices to the City for expenses already incurred for processing and payment. Subgrantee must adhere to the invoicing schedule listed within this agreement.
Request for reimbursements shall include an invoice addressed to 290 N. D Street. 3rd Floor, San Bernardino, CA 92401, the invoice workbook form provided to the subgrantee following the execution of this agreement and supporting general ledger back up documentation (detailed general ledger listings, labor distribution report, etc.). Request for reimbursements shall be submitted in PDF format via email to Michelle Alarcon at [email protected] according to the invoicing schedule. The City of San Bernardino will provide an invoicing template following the execution of this agreement.
Invoicing Schedule
Invoicing Period Due Date
May 1 ,2023 to June 30, 2023 July 15, 2023
July 1, 2023, to September 30, 2023 October 15, 2023
October 1, 2023, to December 31, 2023 January 15, 2024
January 1, 2024, to March 31, 2024 April 15, 2024
April 1, 2024, to June 30, 2024 July 15, 2024
July 1, 2024, to September 30, 2024 October 15, 2024
October 1, 2024, to December 31, 2024 January 15, 2025
January 1, 2025, to March 31, 2025 April 15, 2025
April 1, 2025, to June 30, 2025 July 15, 2025
July 1, 2025, to September 30, 2025 October 15, 2025
October 1, 2026, to December 31, 2026 January 15, 2026
January 1, 2026, to March 31, 2026 April 15, 2026
April 1, 2026, to June 30, 2026 July 15, 2026
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21 July 1, 2026, to September 30, 2026 October 15, 2026 October 1, 2026, to December 31, 2026 January 15, 2027
January 1, 2027, to March 31, 2027 April 15, 2027
April 1, 2027, to June 30, 2027 July 15, 2027
July 1, 2027, to September 30, 2027 October 15, 2027
October 1, 2027, to December 31, 2027 January 15, 2027
January 1, 2028, to March 31, 2028 April 15, 2028
April 1, 2028, to April 30, 2028 May 15, 2028
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22 Budget:
Annual Cost Grant Share In-Kind Description
A. Staff Salaries and
Benefits
$177,600 $6,000 Monthly Salary Projection for
Staffing:
Program Director (full time) $5,000
Operations Manager (full time) $4,000
Program Supervisor (full time) $3,300
Project Coordinator (part time) $2,500
In-Kind amount is for services
provided by Volunteer Staff
B. Staff Travel/
Training/Meetings
$3,000 $3,000 Women’s Inspirational Network will
allocate $3000 for matching in-kind
contributions.
C. Office Supplies &
Equipment
$5,000 Utilize supplies and equipment to
support program initiatives and
ensure adherence to program
compliance.
D. Telephone $1,992 To support W.I.N.’s efforts, $166
per month of in-kind support will be
allocated for office phone and
internet services, enabling effective
communication, and ensuring
internet access.
E. Rent: $5,040 Rental office space is $420 per
month.
F. Utilities: Included in rental expense.
G. Insurance: $2,500 W.I.N’s insurance policy premium
for coverage of commercial general
automobile, employer’s,
professional, and cyber liability will
total $2500 annually.
H. Accounting, Audit,
or Financial
Statements
$3,500 $2000 W.I.N estimates the accounting,
payroll processing, audits, and
bookkeeping statement fees to be
$5,500 total annually.
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23 I. Program Participant
Incentives
$10,000 Youth and young adults between
the ages of 10 to 21 years old that
participate in the W.I.N program
activities will get incentives up to
$100 for their active involvement.
The minimum targeted goal for
successful engagement is 100
participants annually.
J. Community Based
Organization
Collaboration
$75,000 San Bernardino City Community-
Based Organization’s aligned with
W.I.N’s designed curriculum will
have the opportunity to collaborate
on our created programming geared
to provide engagement for youth
and young adults advocacy and
prevention education of cannabis
usage. Partnering CBOs will also
assist with the significant project
goal of collecting signed pledges
from their program participants
committed to not using cannabis
until the legal age of consumption.
K. Indirect Costs $18,360 The indirect project cost is necessary to the operation of the
organization and the performance of
the project will include health
insurance, equipment depreciation,
clerical services, human resources,
legal fees and program necessities.
TOTAL Budget $300,000 $12,992 If all funds aren’t expended each year the remaining funds will be
carried over into the next year and
the Department must approve their
proposed use.
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24 EXHIBIT C
The Proposition 64 Public Health and Safety (Prop 64 PH&S) Grant Program, Cohort 3 Request for Proposals (RFP) includes requirements that apply to non-governmental organizations that receive funds under this grant. All grantees are responsible for ensuring that any contracted third parties continually meet these requirements as a condition of receiving Prop 64 PH&S funds. The RFP describes these requirements as follows.
Any non-governmental organization that receives Prop 64 PH&S grant funds (as either subgrantee or subcontractor) must:
•Have been duly organized, in existence, and in good standing for at least six months prior to the effective date of its fiscal agreement with the BSCC or with the Prop 64 PH&S grantee. Non-governmental entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the six-month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the grant agreement with the BSCC or the start date of the grantee-subcontractor fiscal agreement. •Be registered with the California Secretary of State’s Office, if applicable; •Have a valid business license, Employer Identification Number (EIN), and/or Taxpayer ID (if sole proprietorship);
•Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and
•Have a physical address.
Consultant warrants and represents to the City that it complies with all of the foregoing requirements.
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25 EXHIBIT D
In addition to the terms and conditions set forth in the Agreement, the Parties agree to all of the following terms required by BSCC in all subcontracts/Memorandums of Understanding (MOUs) that use these monies for grant-funded project activities and expenditures:
1.Non-Discrimination Clause and Civil Rights Compliance: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov.
Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause.
Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
2.Books and Records: Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees.
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26 3.Access to Books and Records: Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project.
4. Project Access: Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff, and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant period.
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Colleen Curtin
Digitally signed by Colleen Curtin
Date: 2023.08.11 16:39:42 -07'00'
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City of San Bernardino
BSCC 908-22
EXHIBIT A
SCOPE OF WORK
1. GRANT AGREEMENT – Proposition 64 Public Health & Safety Grant This Grant Agreement is between the State of California, Board of State and Community Corrections (hereafter referred to as BSCC) and City of San Bernardino (hereafter referred to as the Grantee).
2. PROJECT SUMMARY AND ADMINISTRATION
A. The Prop 64 PH&S Grant Program is funded by a portion of tax revenue generated from the cultivation and retail sale of legal adult -use cannabis or cannabis products. $150,000,000 is available from the combination of the Fiscal Year 2023-24 State Budget appropriation and prior fiscal year Budget Act appropriations for local assistance grants for the Proposition 64 Public Health and Safety (Prop 64 PH&S) Cohort 3 Grant Program, administered by the BSCC.
The purpose of this grant program is to fund projects that assist with law enforcement efforts, fire protection efforts, or other local projects addressing public health and safety associated with the implementation of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA)
B. Grantee agrees to administer the project in accordance with Attachment 1: Proposition 64 PH&S Grant Program Cohort 3 Request for Proposals (incorporated by reference) and Attachment 2: Proposition 64 PH&S Grant Program Cohort 3 Application for Funding which is attached and hereto and made part of this agreement.
3. PROJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC's representative for administration of the Grant Agreement and shall have authority to make determinations relating to any controversies that may arise under or regarding the interpretation, performance, or payment for work performed under this Grant Agreement.
B. The Grantee’s project officials shall be those identified as follows:
Authorized Officer with legal authority to sign:
Name: Charles E. McNeely
Title: Interim City Manager
Address: 290 North D St, San Bernardino, Ca, 92401
Phone: 909-384-5122
Email: [email protected]
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City of San Bernardino
BSCC 908-22
EXHIBIT A
SCOPE OF WORK
Designated Financial Officer authorized to receive warrants:
Name: Terri Sumrall
Title: Senior Management Analyst
Address: 710 North D St, San Bernardino, Ca, 92401
Phone: 909-384-5693
Email: [email protected]
Project Director authorized to administer the project:
Name: Nicholas Oldenorf
Title: Lieutenant
Address: 710 North D St, San Bernardino, Ca, 92401
Phone: 909-384-5775
Email: [email protected]
C. Either party may change its project representatives upon written notice to the other party.
D. By signing this Grant Agreement, the Authorized Officer listed above warrants that they have full legal authority to bind the entity for which they sign.
4. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as described in Attachment 1: Prop 64 PH&S Grant Program Cohort 3 Request for Proposals and Attachment 2: Proposition 64 PH&S Grant Program Cohort 3 Application for Funding.
5. REPORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule:
Progress Report Periods Due no later than:
1. May 1, 2023 to June 30, 2023 August 15, 2023
2. July 1, 2023 to September 30, 2023 November 15, 2023
3. October 1, 2023 to December 31, 2023 February 15, 2024
4. January 1, 2024 to March 31, 2024 May 15, 2024
5. April 1, 2024 to June 30, 2024 August 15, 2024
6. July 1, 2024 to September 30, 2024 November 15, 2024
7. October 1, 2024 to December 31, 2024 February 15, 2025
8. January 1, 2025 to March 31, 2025 May 15, 2025
9. April 1, 2025 to June 30, 2025 August 15, 2025
10. July 1, 2025 to September 30, 2025 November 15, 2025
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BSCC 908-22
EXHIBIT A
SCOPE OF WORK
11. October 1, 2025 to December 31, 2025 February 15, 2026
12. January 1, 2026 to March 31, 2026 May 15, 2026
13. April 1, 2026 to June 30, 2026 August 15, 2026
14. July 1, 2026 to September 30, 2026 November 15, 2026
15. October 1, 2026 to December 31, 2026 February 15, 2027
16. January 1, 2027 to March 31, 2027 May 15, 2027
17. April 1, 2027 to June 30, 2027 August 15, 2027
18. July 1, 2027 to September 30, 2027 November 15, 2027
19. October 1, 2027 to December 31, 2027 February 15, 2028
20. January 1, 2028 to March 31, 2028 May 15, 2028
21. April 1, 2028 to April 30, 2028 June 15, 2028
Note: Service delivery period ends April 30 , 2028. The period of May 1, 2028 to October 31, 2028 is for completion of Local Evaluation Report and financial audit only.
B. Evaluation Documents Due no later than:
1. Local Evaluation Plan September 30, 2023
2. Final Local Evaluation Report October 31, 2028
C. Other Due no later than:
Financial Audit October 31, 2028
Grantees shall submit all other reports and data as required by the BSCC.
6. PROJECT RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actions taken with respect to the project, including copies of this Grant Agreement, approved program/budget modifications, financial records and required reports.
B. The Grantee shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds, including grant funds and any matching funds by the Grantee and the total cost of the project. Source documentation includes copies of all awards, applications, approved modifications, financial records, and narrative reports.
C. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the grant, whether they are employed full-time or part-time.
Time and effort reports are also required for all subcontractors and consultants.
D. The grantee shall maintain documentation of donated goods and/or services, including the basis for valuation.
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EXHIBIT A
SCOPE OF WORK
E. Grantee agrees to protect records adequately from fire or other damage. When records are stored aw ay from the Grantee’s principal office, a written index of the location of records stored must be on hand and ready access must be assured.
F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the gr ant project and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or designees. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records must be retained until the completion of the action and resolution of all issues which arise from it or until the end of the regular three-year period, whichever is later.
7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the Prop 64 PH&S Cohort 3 Scoring Panel (See Appendix A) from receiving funds awarded under the Prop 64 PH&S Cohort 3 RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the Prop 64 PH&S Cohort 3 Scoring Panel membership roster (see Appendix A) and ensuring that no grant dollars are passed through to any entity represented by the members of the Prop 64 PH&S Cohort 3 Scoring Panel.
B. In cases of an actual conflict of interest with a Prop 64 PH&S Cohort 3 Scoring Panel member, the Board may revoke the grant award and legal consequences could exist for the parties involved, including, but not limited to, repayment of the grant award.
8. FINANCIAL AUDIT
Grantees are required to provide the BSCC with a financial audit no later than the end of the contract term, October 31, 2028. The financial audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county’s or city’s project financial management functions. Expenses for this final audit may be reimbursed for actual costs up to $25,000.
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City of San Bernardino
BSCC 908-22
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. INVOICING AND PAYMENTS
A. The Grantee shall be paid quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.
Quarterly Invoicing Periods: Due No Later Than:
1. May 1, 2023 to June 30, 2023 August 15, 2023
2. July 1, 2023 to September 30, 2023 November 15, 2023
3. October 1, 2023 to December 31, 2023 February 15, 2024
4. January 1, 2024 to March 31, 2024 May 15, 2024
5. April 1, 2024 to June 30, 2024 August 15, 2024
6. July 1, 2024 to September 30, 2024 November 15, 2024
7. October 1, 2024 to December 31, 2024 February 15, 2025
8. January 1, 2025 to March 31, 2025 May 15, 2025
9. April 1, 2025 to June 30, 2025 August 15, 2025
10. July 1, 2025 to September 30, 2025 November 15, 2025
11. October 1, 2025 to December 31, 2025 February 15, 2026
12. January 1, 2026 to March 31, 2026 May 15, 2026
13. April 1, 2026 to June 30, 2026 August 15, 2026
14. July 1, 2026 to September 30, 2026 November 15, 2026
15. October 1, 2026 to December 31, 2026 February 15, 2027
16. January 1, 2027 to March 31, 2027 May 15, 2027
17. April 1, 2027 to June 30, 2027 August 15, 2027
18. July 1, 2027 to September 30, 2027 November 15, 2027
19. October 1, 2027 to December 31, 2027 February 15, 2028
20. January 1, 2028 to March 31, 2028 May 15, 2028
21. April 1, 2028 to April 30, 2028 June 15, 2028
Final Invoicing Periods*: Due no later than:
1. May 1, 2028 to June 30, 2028 August 15, 2028
2. July 1, 2028 to October 31, 2028 December 15, 2028
*Note: Service delivery period ends April 30 , 2028. The period of May 1, 2028 to October 31, 2028 is for completion of Local Evaluation Report and financial audit only.
B. All grant project expenditures (excluding costs associated with the completion of the Final Local Evaluation Report and the financial audit) must be incurred by the end of the grant project service period, April 30, 2028, and included on the final invoice
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City of San Bernardino
BSCC 908-22
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
due no later than June 15, 2028. Project costs incurred after April 30, 2028 will not be reimbursed/eligible for contribution.
C. The Final Local Evaluation Report is due to BSCC by October 31, 2028 .
Expenditures incurred solely for the completion of the Final Local Evaluation Report during the period of May 1, 2028 to October 31, 2028 must be submitted during the Final Expenditure Periods, with the final invoice due no later than December 15, 2028. Supporting fiscal documentation will be required for all expenditures claimed during the Final Invoicing Periods and must be submitted with the final invoice.
D. The financial audit is due to BSCC by October 31, 2028. Expenditures incurred solely for the completion of the financial audit during the period of May 1, 2028 to October 31, 2028 must be submitted during the Final Expenditure Periods, with the final statement of expenditure due no later than December 15, 2028. Supporting fiscal documentation will be required for all expenditures claimed during the Final Invoicing Periods and must be submitted with the final invoice.
E. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not expended or requested during the invoicing period.
F. Supporting documentation must be submitted for expenditures upon BSCC’s request. All supporting documentation must be maintained by the grantee on site and be readily available for review during BSCC site visits.
2. GRANT AMOUNT AND LIMITATION
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award. Grantee waives any and all claims against the BSCC, and the State of California on account of project costs that may exceed the sum of the grant award.
B. Under no circumstance will a budget item change be authorized that would cause the project to exceed the amount of the grant award identified in this Grant Agreement.
3. BUDGET CONTINGENCY CLAUSE
A. This grant agreement is valid and enforceable only if sufficient funds are made available through the Proposition 64 Initiative (the Control, Regulate and Tax Adult Use of Marijuana Act) via the State and Local Government Law Enforcement Account. On or before July 15th of each fiscal year, the State Controller shall deposit funds derived from Proposition 64 taxes into the State and Local Government Law Enforcement Account pursuant to Revenue and Taxation Code section 34019, subdivision (f)(3). The grantee agrees that the BSCC’s obligation to pay any sum to the grantee under any provision of this agreement is contingent upon the availability
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EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
of sufficient funding made available to the BSCC pursuant to Revenue and Taxation Code section 34019, subdivision (f)(3)(C).
B. If Prop 64 PH&S funding is reduced or falls below estimates contained within the Prop 64 PH&S Request for Proposals Cohort 3, the BSCC shall have the option to either cancel this Grant Agreement with no liability occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a reduced amount.
C. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed that the Grant Agreement shall have no further force and effect.
In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement except that Grantee shall be required to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement.
4. PROJECT COSTS
A. Grantee is responsible for ensuring that actual expenditures are for eligible project costs. “Eligible” and “ineligible” project costs are set forth in the July 2020 BSCC Grant Administration Guide, which can be found under Quick Links here:
https://www.bscc.ca.gov/s_correctionsplanningandprograms/
The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein. To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail.
B. Grantee is responsible for ensuring that statements of expenditures submitted to the BSCC claim actual expenditures for eligible project costs.
C. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions , or commitments of this Grant Agreement.
D. Grant funds must be used to support new program activities or to augment existing funds that expand current program activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose. Violations can result in recoupment of monies provided under this grantor suspension of future program funding through BSCC grants.
5. PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
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City of San Bernardino
BSCC 908-22
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement.
B. At such time as the balance of state funds allocated to the Grantee reaches five percent (5%), the BSCC may withhold that amount as security, to be released to the Grantee upon compliance with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final progress report; and 3) submittal and approval of any additional required reports, including but not limited to the Final Local Evaluation Report and the financial audit.
C. The BSCC will not approve grantee expenditures for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee.
D. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding.
7. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N -6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited t ransactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
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EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
8. PROJECT BUDGET
Budget Line Items Grant Funds
1. Salaries and Benefits $840,382
2. Services and Supplies $34,618
3. Professional Services $400,000
4. Non-Governmental Organization (NGO) Subcontracts $1,500,000
5. Indirect Costs / Administrative Overhead
(may not exceed 10% of grant award) $0
6. Equipment / Fixed Assets $200,000
7. Data Collection / Enhancement $0
8. Program Evaluation $0
9. Sustainability Planning $0
10. Other (include travel & training costs) $0
11. Financial Audit $25,000
TOTALS $3,000,000
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EXHIBIT C
GENERAL TERMS AND CONDITIONS
General Terms and Conditions – GTC 04/2017
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of t he terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assi gnable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
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GENERAL TERMS AND CONDITIONS
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post -consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractor s shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractor s shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 (
https://www.dgs.ca.gov/OLS/Resources/Page-
Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language) are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
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13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the s ubdivision or agency making a public purchase. Government Code Section 4550.
B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid.
Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
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GENERAL TERMS AND CONDITIONS
A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Devel opment Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Gov. Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
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EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1. GRANTEE’S GENERAL RESPONSIBILITY
A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and approval by the BSCC are solely for the purpose of proper administration of grant funds and shall not be deemed to relieve or restrict the Grantee’s responsibility.
B. Grantee is responsible for the performance of all project activities identified in Attachment 1: Proposition 64 PH&S Cohort 3 Grant Program Cohort 3 Request for Proposals and Attachment 2: Proposition 64 PH&S Grant Program Cohort 3 Application for Funding.
C. Grantee shall immediately advise the BSCC of any significant problems or changes that arise during the course of the project.
D. Grantee shall immediately notify the BSCC if there is change in circumstances so that grantee no longer meets the eligibility cri teria of the Proposition 64 PH&S Cohort 3 Program Request for Proposals. Grantee must immediately notify the BSCC if there is a change in grantee’s nonprofit status or loss of good standing in the State of California (e.g., suspension or rescission of leg al status by the Secretary of State for any reason, including but not limited to, failing to file forms, paying required fees, or making tax payments).
2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is gov erned by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable State laws, rules and regulations, and all applicable local ordinances.
B. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: Proposition 64 PH&S Grant Program Cohort 3 Request for Proposal and Attachment 2: Proposition 64 PH&S Grant Program Cohort 3 Application for Funding, documents, amendments, approved modifications, and communications filed in support of its request for grant funds.
C. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work.
3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for services needed to implement and/or support program activities. Grantee agrees that in the event of any inconsistency between this Grant Agreement and Grantee’s agreement with a subcontractor, the language of this Grant Agreement will prevail.
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SPECIAL TERMS AND CONDITIONS
B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the BSCC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.
C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in the Prop 64 PH&S Grant Cohort 3 RFP and described in Appendix B.
D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained.
E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee’s subcontractors to:
1) Books and Records
Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement, and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees.
2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project.
4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant period.
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SPECIAL TERMS AND CONDITIONS
5. ACCOUNTING AND AUDIT REQUIREMENTS
A. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant Agreement shall be in accordance with generally accepted government accounting principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail. Supporting documentation shall permit the tracing of transactions from such documents to relevant accounting records, financial reports and invoices.
B. Grantees are required to provide the BSCC with a financial audit within no later than the end of the contract term (October 31, 2028 ). The financial audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county’s or city’s project financial management functions. Expenses for this final audit may be reimbursed for actual costs up to $25,000.
C. The BSCC reserves the right to call for a program or financial audit at any time between the execution of this Grant Agreement and three years following the end of the grant period. At any time, the BSCC may disallow all or part of the cost of the activity or action determined to not be in compliance with the terms and conditions of this Grant Agreement or take other remedies legally available.
6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to grantees that have been:
1. debarred by any federal, state, or local government entities during the period of debarment; or
2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.
Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state, or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.
BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.
All Grantees must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required as Appendix F of the original Proposal Package).
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SPECIAL TERMS AND CONDITIONS
7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the BSCC. Changes may include modification to project scope, changes to performance measures, compliance with collection of data elements, and other significant changes in the budget or program components contained in the Attachment 1: Proposition 64 PH&S Grant Program Cohort 3 Request for Proposals and Attachment 2: Proposition 64 PH&S Grant Program Cohort 3 Application for Funding. Changes shall not be implemented by the project until authorized by the BSCC.
8. TERMINATION
A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior to completion of project upon action or inaction by the Grantee that constitutes a material and substantial breech of this Grant Agreement. Such action or inaction includes but is not limited to:
1) substantial alteration of the scope of the grant project without prior written approval of the BSCC;
2) refusal or inability to complete the grant project in a manner consistent with Attachment 1: Proposition 64 PH&S Grant Program Cohort 3 Request for Propos als and Attachment 2: Proposition 64 PH&S Grant Program Cohort 3 Application for Funding, or approved modifications;
3) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and reporting requirements of the Grant Agreement; and
4) if grantee no longer meets the criteria of an eligible applicant. A grantee no longer meets the criteria of an eligible applicant if grantee’s nonprofit status changes or grantee is no longer in good standing with the State of California. A loss of good standing may include suspension or rescission of legal status by the California Secretary of State for any reason, including but not limited to, failing to file forms, pay required fees, or making tax payments.
B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the Grantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Grantee may appeal the termination decision in accordance with the instructions listed in Exhi bit D: Special Terms and Conditions, Number 9.
Settlement of Disputes.
9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Grant Programs Division Deputy Director a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Grant Agreement. Grantee’s written demand shall be fully supported by factual
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SPECIAL TERMS AND CONDITIONS
information. The BSCC Corrections Planning and Grant Programs Division D eputy Director shall have 30 days after receipt of Grantee’s written demand invoking this Section “Disputes” to render a written decision. If a written decision is not rendered within 30 days after receipt of the Grantee’s demand, it shall be deemed a deci sion adverse to the Grantee’s contention. If the Grantee is not satisfied with the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30- day period in the event no decision is rendered), to the BSCC Executive Director, who shall have 45 days to render a final decision. If the Grantee does not appeal the decision of the BSCC Corrections Planning and Grant Programs Divi sion Deputy Director, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in court, or with the Victims Compensation Government Claims Board, for failure to exhaust Grantee’s administrative remedies.
B. Pending the final resolution of any dispute arising under, related to or involving this Grant Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agreement.
Grantee’s failure to diligently proceed in accordance with the State’s instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement.
C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Executive Director, if an appeal was made. If the Executive Director fails to render a final decision within 45 days after receipt of the Grantee’s appeal for a final decision, it shall b e deemed a final decision adverse to the Grantee’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.
D. The dates of decision and appeal in this section may be modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction.
10. WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.
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SECTION I -
APPLICANT
INFORMATION
This section requires information about the applicant (County/City), grant funds being requested, proposed project synopsis and project officials.
Name of Applicant
('Name' County or
City of 'Name')
City of San Bernardino
Tax Identification
Number
95-6000772
Grant Funds
Requested - Whole
dollars only
3,000,000
Applicant's Physical
Address
290 North D. Street
San Bernardino
CA
92401
US
Applicant's Mailing
Address (if different
than physical
address)
n/a
Mailing Address For
Reimbursement
Payments
290 North D St.
San Bernardino
CA
92401
US
Project Title City of San Bernardino Youth Outreach, Crime Enforcement, and Cannabis Awareness Program
Project Summary The City of San Bernardino's Youth Outreach, Crime Enforcement, and Cannabis Awareness Program will support a dedicated enforcement, education, and outreach effort to reduce the impact of cannabis and cannabis-related businesses in the City. Grant funds will support a full-time management analyst and be used to purchase equipment and salaries to support a dedicated data-driven enforcement effort to reduce crime near cannabis production and sales locations. The Police Department will partner with Code Enforcement to ensure legal compliance and use technology and investigative efforts to address illegal cannabis sites by identifying responsible parties and holding them accountable. Additionally, the Police Department will partner with Community-Based Organizations to provide assistance and resources to help develop the City's youth into successful adults. Grant funding will also support the development of an educational campaign via social media and community engagement at public events.
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Proposed Project
County/City Size for
Funding Distribution
Large-sized county or a city within a large-sized county Project Purpose
Areas (PPAs)
PPA 1: Youth Development/Youth Prevention and Intervention PPA 3: Public Safety
PPA 2: Public Health
Lead Public Agency
(LPA) Information
This sub-section requires information about the governmental agency with local authority of or within the county or city that will be acting as the LPA. Additionally, this section requires names and contact information for the individuals identified as the Project Director, Financial Officer, Day-to-Day Project Contact, Day-to-Day Fiscal Contact, and the Authorized Officer with signing authority.
Lead Public Agency
(LPA)
San Bernardino Police Department
Project Director
Nicholas
Oldendorf
Project Director's
Title
Lieutenant
Project Director's
Physical Address
710 N D St.
San Bernardino
CA
92401
US
Project Director's
Mailing Address (if
different than
physical address)
n/a
Project Director's
Email Address
[email protected]
Project Director's
Phone Number
+19093845775
Financial Officer
Susan
Stevens
Financial Officer's
Title
Senior Management Analyst
Financial Officer's
Physical Address
710 N D St.
San Bernardino
CA
92401
US
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Financial Officer's
Mailing Address (if
different than
physical address)
n/a
Financial Officer's
Email Address
[email protected]
Financial Officer's
Phone Number
+19093845693
Day-To-Day Program
Contact
Nicholas
Oldendorf
Day-To-Day Program
Contact's Title and
Agency/Department/Organization
Lieutenant, San Bernardino Police Department
Day-To-Day Program
Contact's Physical
Address
710 N D St.
San Bernardino
CA
92401
US
Day-To-Day Program
Contact's Email
Address
[email protected]
Day-To-Day Program
Contact's Phone
Number
+19093845775
Day-To-Day Fiscal
Contact
Susan
Stevens
Day-To-Day Fiscal
Contact's Title with
Agency/Department/Organization
Senior Management Analyst, San Bernardino Police Department Day-To-Day Fiscal
Contact's Physical
Address
710 N D St.
San Bernardino
CA
92401
US
Day-To-Day Fiscal
Contact's Email
Address
[email protected]
Day-To-Day Fiscal
Contact's Phone
Number
+19093845693
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Name of Authorized
Officer*
Francisco
Hernandez
I hereby certify I am
vested by the
Applicant with the
authority to enter into
contract with the
BSCC, and the
grantee and any
subcontractors will
abide by the laws,
policies, and
procedures
governing this
funding.
checked
Date of Assurance
12/1/2022
Authorized Officer's
Title and
Agency/Department
Assistant Chief of Police, San Bernardino Police Department Authorized Officer's
Physical Address
710 N. D St
San Bernardino
CA
92401
US
Authorized Officer's
Email Address
[email protected]
Authorized Officer's
Phone Number
+19093845740
SECTION II -
PROPOSAL
ABSTRACT
The Proposal Abstract should provide a brief summary of the proposed project. This section will not be included in the rating of the proposal.
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PROPOSAL
ABSTRACT
The City of San Bernardino requests $3,000,000 in funding to develop a data-driven, multi-pronged approach to address public health and safety concerns associated with implementing Proposition 64. First, the Police Department will develop a partnership with multiple stakeholders to support public health and safety associated with AUMA. The Department will fund equipment, technology, and staff to support the intent of Proposition 64 by preventing and mitigating non-medical marijuana production and sales out of the hands of the illegal market through enforcement and education. The Department will use grant funding to support youth development, prevention, and intervention efforts, to partner with community-based organizations (CBOs). The CBOs will outreach and establish various youth development programs ranging from educational to physical activities to improve the lives of children and adolescents in the City.
Finally, the Department will establish a research partner to identify current benchmarks related to racial justice analyses of the Department and community, impacts associated with the
implementation of Proposition 64, and perform annual evaluations to measure the Department's efforts towards accomplishing the identified goals.
SECTION III -
PROPOSAL
NARRATIVE
This section requires responses
Proposal Narrative
Instructions
The Proposal Narrative section must address the following Rating Factors- Project Need, the Project Description, and the Project Evaluation - as outlined in the Prop 64 Cohort 3 RFP Information Packet, beginning on page 18 of the Prop 64 Cohort 3 RFP Instruction Packet. Narrative in this section must clearly identify and delineate each Factor Section (i.e., Project Need, the Project Description, and the Project Evaluation) when responding. Sources cited must be included within Proposal Narrative or may be referenced within the optional RFP- Additional Information attachment .
It is up to the applicant to determine how best to use the total character limit in addressing each section (i.e., Project Need, the Project Description, and the Project Evaluation) . However, the Applicant may use the percent of total point value for each section as a guide. The Rating Factors and weighted value are provided in the Prop 64 Cohort 3 RFP Instruction Packet (Page 15). The Project Work Plan must also be uploaded to this Section as it is rated under the Project Description Rating Factor (2.6).
Proposal Narrative
Project Need
The City of San Bernardino (City) is a municipality in need of assistance, with a population comprised of racial and financial juvenile demographics that are exceptionally vulnerable to critical issues, including violent crime and public health and safety threats associated with the implementation of Proposition 64. A recent 2022 study identified the City of San Bernadino as the most dangerous city in California and the third most dangerous city in the nation. The high crime rate is not unique to 2022, as the City has consistently ranked
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amongst the most dangerous cities in California for many years.
Additionally, the City's poverty rate is 63% greater than the county and 92% greater than the state average. Consequently, the City has had limited to no resources to dedicate to improving public health and safety associated with implementing Proposition 64. Therefore, the City is requesting $3,000,000 in grant funding to support the City of San Bernardino Youth Outreach, Crime Enforcement, and Cannabis Awareness Program.
The City has not banned indoor and outdoor commercial cannabis cultivation or retail sale of marijuana or marijuana products. As a result, there are 12 authorized cannabis vendors in the City, with an additional nine in various stages of licensing. Additionally, the Police Department has identified 26 locations illegally distributing cannabis and 12 sites suspected of cultivating cannabis illegally. With the abundance of available commercial real estate coupled with absentee property owners and managers, many illegally operated cannabis locations are doing so without rules or regulations. Non-permitted cannabis sites are also not subject to business regulations, such as the franchise tax board, workers' compensation, and environmental protection regulations. These illegally operated locations stand to make large profits, which exceed any administrative or civil penalty placed on them by the City, making them virtually impossible to shut down permanently.
The City is a diverse community with a high poverty rate. These two demographics have been identified as likely to suffer from a more significant consequence of marijuana use and exposure. One study of low-income, Black adolescents found that marijuana use clustered in neighborhoods with higher rates of crime and percentages of families living in poverty. (Reboussin, 2016) A second study found that heavy marijuana use as an adolescent is likely to increase the likelihood of being unmarried, having a lower income or living below the poverty line, and feeling more anxious in midlife. (Green, 2017) The City's demographics, combined with the lack of resources, leave the City's youth without a resource to prevent the negative impacts of marijuana use and illegal sales.
The City's crime rate, demographics, and abundance of cannabis access threaten an already vulnerable community. The City lacks resources to address this threat through youth outreach, and the Police Department's focus is consistently dedicated to priority crimes, resulting in a considerable service gap. The proposed program will focus specifically on the vulnerabilities related to youth development (PPA 1), public health (PPA 2), and public safety (PPA 3). The City has identified the needs related to this program through statistical data and community outreach to involved stakeholders.
Project Description
The City will use a multi-pronged approach incorporating the Police Department, Code Enforcement, and Community Based
Organizations to address health and public safety gaps associated with Proposition 64. The Police Department and Code Enforcement
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will be responsible for public safety (PPA 2) and public health (PPA 3) efforts through compliance checks, education, and enforcement. The CBOs will provide outreach and services dedicated to youth development, prevention, and intervention (PPA 3). More than 50% of the requested funding will be dedicated to youth development programs. The foundation and success of the program will rely heavily on a positive relationship between the Department and the community. A research partner will perform three separate evaluations to support that relationship and evaluate the program.
The evaluations will be at the beginning, middle, and end of the program to identify racial justice benchmarks in the Department's policing efforts and the effect of Proposition 64 on the City's economic and crime development over the years since its adoption.
The target area for enforcement will be areas near cannabis vendors, while the outreach and education efforts will be made City wide to a diverse community that suffers from one of the highest crime rates in the nation and a poverty rate nearly twice the state average.
Enforcement
In the last four years, the Department has reorganized to support a community policing model by developing community policing teams and reforming the previously dissolved proactive special enforcement teams. Additionally, the Department has proven capable repeatedly of successfully implementing grant-funded programs dedicated to meeting specified grant requirements, including crime prevention and community outreach. One example of that success that will prove an asset to the proposed marijuana awareness program is that the Department has been awarded Bureau of Justice Assistance (BJA) Project Safe Neighborhoods Grant funds for the last three fiscal years. These funds have supported data-driven policing efforts in the form of teams of officers working overtime in areas of the City identified as having a high risk of violent crime.
Consequently, the Department is in a prime position to leverage Proposition 64 Public Health and Safety Grant Program funding to implement a successful cannabis enforcement, education, and outreach program.
The primary enforcement efforts will be dedicated to enforcing the intent of Proposition 64, which is to remove marijuana sales and production from the illegal market, prevent access by minors, and protect public safety and public health. To support this effort, the Police Department has identified legal and illegal cannabis vendors in the City. Department data reveals significant crime near cannabis sales locations. In 2021, more than 1,239 crimes were reported within 1,000 feet of a cannabis sales location. In 2020, there were six homicides directly related to illegal cannabis operations. The Police Department and Code Enforcement will use grant funding to ensure compliance by legal cannabis vendors and apply enforcement and educational efforts to identify illegal vendors.
Although the Department has the resources to address illegal cannabis vendors, the transient nature of the business coupled with
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the City's crime rate only allows for small windows of time to dedicate enforcement efforts. To develop the data and evidence necessary to take significant and lasting action against illegal cannabis vendors and crime that occurs in the areas of cannabis vendors, the Department requires resources essential for more extended periods of monitoring activity. To support public safety and reduce crime, the Department will use grant funding to purchase covert mobile surveillance equipment to monitor the high-crime areas near cannabis sales sites. The July 2020 BSCC Grant Administration Guide states, "Equipment that is directly related to and used for project activities will be considered for purchase approval only if no other equipment owned by the applicant is available and suitable for the project." The surveillance equipment will support the proposed program enforcement efforts. The Department does not possess any equipment that could perform the same function, and the duration and frequency of use required through the program would make renting similar equipment unrealistic. The Department can also not identify a vendor that rents the requested equipment or is likely to provide five-year rental terms.
The Department will only use surveillance equipment in accordance with all rights to privacy for the sole purpose of preventing and taking enforcement action on criminal behavior. The cameras and surveillance equipment will act as force multipliers as they gather data that civilian investigators can observe later to serve several purposes. First, they will capture evidence of criminal activity in the area of cannabis sales sites. They will also help officers to identify children and adolescents who frequent the area or the cannabis location. The Department will use information gathered from surveillance cameras to direct enforcement patrols and compliance checks at the most effective time of day and week to support the Public Health and Public Safety PPAs. As previously described, illegal cannabis vendors are notoriously challenging to close long-term.
Often the actual responsible party of the location is never identified, and an employee is faced with an administrative or criminal charge.
Grant-funded surveillance equipment will allow the Special Investigative Teams to perform thorough investigations and identify, hold accountable, and or educate the genuinely responsible parties for illegal cannabis vendors. Additionally, the Department will use the data to identify trends with youth to help develop deterrent patrols to prevent youth marijuana-related activity and identify children and adolescents to refer to community-based organizations for outreach supporting PPA 1.
Grant funding will be used to fund overtime shifts for data-driven impact patrols to reduce crime and to perform long-term investigations into illegal cannabis sites. The Special Investigative Teams and overtime-funded data-driven impact teams will be responsible for program enforcement efforts.
The Police Department and Code Enforcement efforts will accomplish the following goals:
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• A reduction in crime within 1,000 feet of cannabis vendors. • A reduction in the number of illegal cannabis vendors in the City. • A reduction in the recidivism of illegal cannabis vendors. • An increase in enforcement and compliance check efforts. • Identify youth impacted by cannabis, whether by the threat of proximity or through illegal use.
Education
The Department has invested many resources in developing several avenues of community engagement that will be utilized to educate the community on cannabis awareness and the hazards it poses to the youth. The Department has numerous social media accounts with a following of over 172,000. Social media platforms will be used to develop a campaign to educate the community and highlight the services and resources offered to youth by the partner CBOs. In addition to social media, officers participate in over 300 community events annually. Officers will develop educational handouts and utilize community events to share material on cannabis awareness and highlight services and resources available through CBOs. The education efforts will support PPA 1, youth development, and PPA 2, public health, by addressing the basic needs of the youth and educating the community on cannabis safety.
The Department's education efforts will accomplish the following goals:
• Share educational material related to marijuana awareness with a broader audience.
• Provide youth with access to resources and services necessary to promote health and development.
• Highlight the program's successful efforts for the community and develop community trust.
• Increase participation in CBO programs through education and information sharing.
Outreach, Prevention, Intervention
Half of the grant funding requested will be used to fund CBOs dedicated to developing programs intended to improve the lives of children and adolescents by meeting their basic needs and helping to develop the skills and knowledge necessary to be successful adults.
In addition, the Department has partnered with the NAACP Branch 1062 through the Women's Inspirational Network and Project Fighting Chance to implement successful youth programs and help identify CBOs that will provide services to the community resulting in the successful development of youth participants. The following is a list of some but not all of the services that CBOs may provide. • Financial Literacy Skills
• Under Age Peer Advocacy Prevention Clubs
• Youth Recovery Support Groups
• Youth-driven community think tanks
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• Education related to laws regarding the compliance of cannabis industry operations and sales
• Mentorship programs with civic leaders
• Alternative activities for youth to thrive in a harmonious environment
• Fitness and social-emotional learning designed to reduce childhood violence, aggression, and trauma
In addition to the Women's Inspirational Network and Project Fighting Chance, CBOs will be solicited annually to submit applications to request funding to provide youth development programs. All CBOs must meet the minimum criteria for Non-Governmental Organizations to receive funding. The Department will work with stakeholders to develop a committee to select CBOs for funding. The Department will use grant funding to hire a Management Analyst for the duration of the program that will be responsible for all tracking, compliance, and program reporting.
The CBOs will provide critical alternatives to the City's youth that will beat the odds of poverty and crime stacked against them and help develop future successful adults. The CBOs will accomplish the following goals:
• Increase participation in programs
• Reduce recidivism of undesirable activity (marijuana use, poor school attendance, compliance with laws and rules, etc.) • Increase the number of youth directed to successful paths through program participation
Analysis and Measurement
The success of the Department's Youth Outreach, Crime
Enforcement, and Cannabis Awareness Program will rely heavily on trust and a positive relationship between the community and the Department. While the Department has made significant efforts to improve and build relationships with the community, it has not been immune to the increased scrutiny faced by law enforcement agencies across the nation regarding racial equity in policing. Therefore, the Department has partnered with Sicuro Data Analytics as part of the grant-funded program. Upon implementing the program, Sicuro will analyze the Department's data on policing and potential racial disparities to develop evidence-based solutions to improve public safety services and promote positive relationships with the community. Additionally, Sicuro will analyze data specific to cannabis and the impacts of Proposition 64 on the City. Halfway through the program, Sicuro will perform another analysis to identify progress based on the program's established goals. The second report will be used to identify effectiveness and develop longer-term strategies.
After the program, Sicuro will produce a final analysis and produce a report outlining successful strategies and progress.
Sicuro will generate reports that accomplish the following goals:
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*
Identify a benchmark for the Department regarding policing practices as they relate to racial equity.
*
Identify factors resulting from the adoption of Proposition 64 that the Department can direct programmatic efforts.
*
Identify progress and lack of progress toward goals throughout the program.
Project Evaluation
The Department will use multiple sources to evaluate the project throughout the grant period. First, the project manager, the police lieutenant, will identify metrics to track the success of enforcement and education activities and develop a spreadsheet to track statistical data. Data will include but not be limited to:
• The number of illegal cannabis vendors cited and closed. • The number of cannabis vendors found to be out of compliance. • The number and type of enforcement activities taken (Crime Type, Action Taken, Evidence Confiscated, etc.).
• The number of recidivist cannabis vendors identified. • The number of crimes occurring within 1,000 feet of a cannabis vendor.
• The number of youth referred to CBOs for services and resources. • The number of views the social media educational campaign receives.
• The number of likes and shares the social media educational campaign receives.
• The number of community events where educational handout material is provided to the community.
The project manager will use the statistical data to identify successful strategies and direct program efforts. Success will be measured based on increased enforcement and education efforts and reduced illegal cannabis activity and criminal activity within 1,000 feet of a cannabis vendor.
The Department will use grant funds to hire a management analyst.
The management analyst will be responsible for collecting and tracking data provided by the CBOs. The data will include but not be limited to the following:
• The number of participants.
• How participants learned of the program.
• Participant demographics.
• Participant success stories.
• Participant accomplishments.
The success of CBO efforts will be measured based on increased participation compared to years before the cannabis awareness program, participation as a result of the Department's educational campaign, a reduction in recidivist behavior, and participant success stories. Finally, the Department will use grant funding to partner with Sicuro Data Analytics to perform three analyses of the City and the
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impacts of cannabis awareness program efforts.
Conclusion
San Bernardino's citizens, particularly the youth, are exceptionally vulnerable to the impacts of crime, public safety, and health hazards related to illegal cannabis production, sales, and use. The City's exceptional crime rate and limited resources have taxed the Police Department's capabilities, preventing the Department from making a dedicated effort toward public safety, public health, and youth development related to the effects of Proposition 64. The Department is confident that it has developed a program that will help protect the community and youth and reduce crime and the occurrence of illegal cannabis vendors. The Department will only be capable of implementing a dedicated effort with the support of Proposition 64 Public Health and Safety Grant Funding. Successful funding and implementation of the described program will allow the Department to develop a culture and strategies of enforcement, education, and outreach that will remain sustainable beyond the grant term.
References
Green, K. M., Doherty, E. E., & Ensminger, M. E. (2017). Long-term consequences of adolescent cannabis use: Examining intermediary processes. The American journal of drug and alcohol abuse, 43(5), 567–575. https://doi.org/10.1080/00952990.2016.1258706
Reboussin, B. A., Milam, A. J., Green, K. M., Ialongo, N. S., & Furr- Holden, C. D. (2016).
Clustering of Black Adolescent Marijuana Use in
Low-Income, Urban Neighborhoods. Journal of urban health : bulletin of the New York Academy of Medicine, 93(1), 109–116.
https://doi.org/10.1007/s11524-015-0014-9
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1 Applicants must complete a Project Work Plan. This Project Work Plan identifies measurable goals and objectives, activities and services, responsible parties for those activities and services, and estimated timelines. Completed plans should (1) identify the project’s top goals and objectives; (2) identify how the top goals will be achieved in terms of the activities, responsible staff/partners, and start and end dates; and (3) provide goals and objectives with a clear relationship to the need and intent of the grant. As this grant term is for five (5) years, the Project Work Plan must attempt to identify activities/services and estimate timelines for the entire grant term. Include data and sources that will be used to measure project outcomes.
Applicants must use the Project Work Plan provided below. You will be prompted to upload this document to the BSCC-Submittable Application. (1) Goal: > Reduce Crime and Illegal Cannabis Vendors
Objectives
(A., B., etc.)
> Increase Enforcement Activity, Identify Target Areas
Process &
Outcome
Measures:
>
Measure increase in citations, arrests, and complaince checks.
Measure reduction in illegal cannabis sites.
Measure over impact of enforcement efforts on the crime rate.
Mearure the number of youth referreals to community based organizations.
Project activities/services that support the identified goal and objectives:
> Surviellance of Targeted Areas, Data Driven Patrols of Targeted Areas, Complaince Checks
Responsible
staff/ partners
Timeline
Start Date End Date
> Special
Investigative
Teams,
Community
Policing
Teams, Data
Driven Patrols,
Code
Enforcement,
Project
Manager
> May 1,
2023
> April 30,
2028
List data and sources to be used to measure outcomes: > The data will be tracked by the responsible staff and gathered and retained by the project manager.
(2) Goal: > Implement Educational Campaign
Objectives
(A., B., etc.)
> Use social media platforms and handouts to educate the community.
Process &
Outcome
Measures:
> Measure social media views
Measure social media reception
Measure the number of community events where educaitional material is handed out Project activities/services that support the identified goal and objectives:
> Develop a social media strategy that included scheduled consistent posts and engagement. Develop educational handouts
Responsible
staff/ partners
Timeline
Start Date End Date
> Community
Affairs Unit
> May 1,
2023
> April
30,2028
List data and sources to be used to measure outcomes: > Analytics from Social Media Platform. Data reported by community policing officers to the project manager.
Prop 64 PH&S Grant Program
Project Work Plan
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2 (3) Goal: > Partner with Community Based Organizations for Youth Development Programs Objectives
(A., B., etc.)
> Provide $300,000 in grants each year to CBOs through and application process Process &
Outcome
Measures:
> Measure program participation
Project activities/services that support the identified goal and objectives:
> Solicit CBOs to provide proposal for youth programs
Responsible
staff/ partners
Timeline
Start Date End Date
> CBOs
Management
Analyst
> May 1,
2023
> April 30,
2028
List data and sources to be used to measure outcomes: > The management analyst will identify the data participating CBOs must track during the duration of the program.
(4) Goal: > Analyze and Measure Effectiveness
Objectives
(A., B., etc.)
> Contract with Sicuro to Analzye the Department effectiveness Process &
Outcome
Measures:
> Sicuro will gather Department, City, and Program Data to perform three separate assessments throughout the program.
Project activities/services that support the identified goal and objectives:
> Data gathering
Responsible
staff/ partners
Timeline
Start Date End Date
> Sicuro,
Project
Manager
> May 1,
2023
> April 30,
2028
List data and sources to be used to measure outcomes: > Sicuro will use historical data related to the Department and City, as well as data generated from the program.
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Grant Funds
$840,382
$34,618
$400,000
$1,500,000
$200,000
$0
$0
$0
$0
$25,000
$0
$3,000,000
Grant Funds
$26,352
$45,000
$564,502
$199,980
$75,900
$840,382
Salaries and Benefits Narrative:
Grant Funds
$87,500
$34,618
$34,618
Description of Professional Service(s) Grant Funds
$110,000
$400,000
Services and Supplies Narrative:
TOTAL
Contract with Sicuro Data Analytics
The Department will purchase educational materials and handouts to provide the community to increase cannabis awareness and encourage participation in Community Based Organization programs.
3. Professional Services
Example: Contract with Social Marketing Firm to
design content for website, social media channels
and support.
Calculation for Expenditure
Initial year $50,000 for design and implementation
Each subsequent year technical support and ongoing monitoring/maintenance for website. $15,000 per year for 4 years
Initial year $200,000 + $100,000 in year three +100,000 in year five.
TOTAL
Example: Supportive Services (bus passes, gas
cards, office supplies, uniforms)
Educational Material
The Department will use $564,502 to hire a management analyst for the duration of the program to manage the grant reporting, collect data, develop strategy, and evaluate the effectiveness of programmatic efforts. The grant will include partnerships with CBOs and numerous reporting and data tracking requirments. The Department needs funding for the Management Analsyt position to ensure success of the program. To support enforcement efforts the Department will use $275,880 to pay of overtime dedicated to data driven patrols and enforcement efforts intended to reduce crime near cannabis vendors and conduct investigations to reduce the occurrence of illegal cannabis vendors. Overtime funds are critical to the program to ensure consistent data driven enforcement efforts due the City’s high day to day demand for police services.
The salaries outlined and scheduled hours may vary depending on the seniority and rank of officers working each overtime shift and the demand for enforcement efforts; however, they will not exceed the requested total for overtime of $275,880.
2. Services and Supplies
Description of Services or Supplies Calculation for Expenditure $350 x 50 Participants for each of the 5 years
$30,000 to pay for educational handouts and develop a social media campaign.
Management Analyst I Year One
Police Officer
Sergeant
100 FTE @ $112,900 x 5 years = $564,502
$101/hour x 33 hours/month x 5 years = $199,980
$115 x 11 hours/month x 5 years = $75,900
3. Professional Services
4. Non-Governmental Organizations (NGO) Contracts
5. Equipment / Fixed Assets
Title
Example (Hourly): Fiscal Manager
Example (FTE): Counselor
1. Salaries and Benefits
6. Data Collection / Enhancement
7. Program Evaluaiton
11. Indirect Costs/Administrative Overhead (Costs may be charged at an amount not to exceed ten percent (10%) of the actual total direct project costs.) TOTAL
(% FTE or Hourly Rate) & Benefits
$60/hour x 10 hours/month x 3 years = $21,600 + benefits @ 22% = $4,752 .25 FTE @ $60,000 x 3 years = $45,000
8. Sustainability Planning
9. Other (include any travel and/or training costs)
10. Financial Audit (Up to $25,000 may be allocated for an end of project financial audit.) Request for Proposals Section IV: Project Budget and Budget Narrative Proposition 64 Grant Program Cohort 3 Applicant:City of San Bernardino Project Budget: Enter estimated costs for reimbursement for the full five (5) year grant term.
Note: This top table will auto-populate based on the information entered in the sections below.
Budget Line Item
1. Salaries and Benefits
2. Services and Supplies
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$400,000
Description of Subcontract Grant Funds
$18,000
$1,500,000
$1,500,000
Description of Equipment/Fixed Asset Grant Funds
$85,000
$200,000
$200,000
Grant Funds
$10,329
$0
Grant Funds
$25,750
$0
7. Program Evaluation
Description
Example: Contract with ABC Researchers to develop Evaluation Plan, Final Report, and assist with Quarterly Progress Reports TOTAL
Data Collection / Enhancement Narrative:
TOTAL
To develop the data and evidence necessary to take significant and lasting action against illegal cannabis vendors and crime that occurs in the areas of cannabis vendors, the Department requires resources essential for more extended periods of monitoring activity. To support public safety and reduce crime, the Department will use grant funding to purchase covert mobile surveillance equipment to monitor the high-crime areas near cannabis sales sites. The July 2020 BSCC Grant Administration Guide states, "Equipment that is directly related to and used for project activities will be considered for purchase approval only if no other equipment owned by the applicant is available and suitable for the project." The surveillance equipment will support the proposed program enforcement efforts. The Department does not possess any equipment that could perform the same function, and the duration and frequency of use required through the program would make renting similar equipment unrealistic. The Department can also not identify a vendor that rents the requested equipment or is likely to provide five-year rental terms.
6. Data Collection / Enhancement
Equipment/Fixed Assets Narrative:
Description
Example: Data ad hoc reporting and upgrades for BSCC Quarterly Progress Report measures TOTALS
Example: Purchase of Vehicle
Surviellance Equipment
4x4 Truck and tow package as available (Market Value)
Calculation for Expense
$200,000
Non-Governmental Organizations (NGO) Subcontracts Narrative:
The Department will release a solicitation annually to seek proposals from NGOs to provide the desired youth development programs throughout the year. The Department will partner with community stakeholders to select winning applications.
5. Equipment/Fixed Assets
TOTALS
4. Non-Governmental Organizations (NGO) Subcontracts
Example: NGO Contract- To be identified
NGOs
Calculation for Expenditure
Cannabis Prevention Classes $150 x 24 classes per year (x 5 years) $300,000 x 5 years = $1,500,000
Professional Services Narrative:
Upon implementing the program, Sicuro will analyze the Department's data on policing and racial justice to develop evidence-based solutions to improve public safety services and promote positive relationships with the community. Additionally, Sicuro will analyze data specific to cannabis and the impacts of Proposition 64 on the City.
Halfway through the program, Sicuro will perform another analysis to identify progress based on the program's established goals. The second report will be used to identify effectiveness and develop strategy. After the program, Sicuro will produce a final analysis report identifying successful strategies and progress. The Department does not have the resources or internal expertise to perform the analsysis that Sicuro is capable of performing.
TOTAL
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Grant Funds
$8,575
$0
Grant Funds
$7,500
$0
Grant Funds
$25,000
$25,000
$25,000
Grant Funds
TOTAL
Financial Audit Narrative:
The Department will contract with a Certified Public Accountant to provide the final fiscal audit.
Example: Room rental for quarterly strategic planning meeting for community & gov't partners to continue services post-award.
TOTAL
Sustainability Planning Narrative:
The Department will develop strategies and relationships with Community Based Organizations that will sustain program efforts beyond the five year grant term. Sustained enforcement efforts will occur through each adopted annual budget.
Example: Training Classes for Enforcement Officers
TOTAL
Description: Indirect costs may be charged at an amount not to exceed ten percent (10%) of the actual total direct project costs.
Program Evaluation Narrative:
8. Sustainability Planning
Description
9. Other (Travel, Training, etc.)
Indirect Costs Narrative:
Description
Other (Travel, Training, etc.) Narrative:
TOTAL
11. Indirect Costs
10. Financial Audit
Description
Example: Contract with XYZ Certified Public Accountant to provide final fiscal audit Contract with Certified Public Accountant to provide final fiscal audit Calculation for Expense
$2,500/partipant x 3 participants; includes training costs, travel, and per diem.
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December 1, 2022
I, Terry Boykins, Executive Director of the Project Fighting Chance nonprofit organization, strongly support the City of San Bernardino Youth Outreach, Crime Enforcement, and Cannabis Awareness Program. Furthermore, we commit to partner with the San Bernardino Police Department in their efforts to address public health and safety concerns associated with the implementation of the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA).
Our efforts, in conjunction with the San Bernardino Police Department, will support community youth advancement, and assist in the prevention of youth marijuana use through educational, physical and character development programs. Combining our network of local youth with the San Bernardino Police Department, through the City of San Bernardino Youth Outreach, Crime Enforcement, and Cannabis Awareness Program, will be a force multiplier generating a tremendous impact on community youth who are most susceptible to the consequences of Marijuana use. Furthermore, we are excited to build and grow our partnership with the San Bernardino Police Department to extend this impact for generations to come.
Now more than ever, at-risk youth can benefit from public-private collaboration. I’m confident that this alliance can change the trajectory of the lives of those who are called to be the future leaders in our communities, and I look froward to contributing to such a change.
I thank you in advance for your consideration in funding this impactful program.
Respectfully,
Terry Boykins
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Women’s Inspirational Network
1505 W Highland Ave Ste 6
San Bernardino, CA 92411
O: 909-341-0750
I, Che` Wright of the Women’s Inspirational Network, in partnership with the San Bernardino NAACP Branch 1062, strongly support the City of San Bernardino Youth Outreach, Crime Enforcement, and Cannabis Awareness Program.
The NAACP is the home of grassroots activism for civil rights and social justice. The San Bernardino NAACP Branch 1062 has been an active member of that fight since 1941. The San Bernardino NAAP branch is a supportive partner of the collaborative efforts created to contribute to change positively and advancement in our community that we collectively aim to serve. Furthermore, we commit to partner with the San Bernardino Police Department in their efforts to address public health and safety concerns associated with the implementation of the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA).
Our efforts, in conjunction with the San Bernardino Police Department, will support community youth advancement and assist in the prevention of youth marijuana use through educational, physical, and character development programs. Combining our network of local youth with the San Bernardino Police Department through the City of San Bernardino Youth Outreach, Crime Enforcement, and Cannabis Awareness Program will be a force multiplier generating a tremendous impact on community youth who are most susceptible to the consequences of Marijuana use. Furthermore, we are excited to build and grow our partnership with the San Bernardino Police Department to extend this impact for generations.
Now more than ever, at-risk youth can benefit from public-private collaboration. I’m confident that this alliance can change the trajectory of the lives of those called to be the future leaders in our communities, and I look forward to contributing to such a change.
I thank you in advance for your consideration in funding this impactful program.
Respectfully,
Che` Wright
Executive Director of W.I.N.
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City of San Bernardino
BSCC 908-22
APPENDIX A
PROPOSITION 64 PH&S GRANT PROGRAM COHORT 3
SCORING PANEL ROSTER
Name Title Organization
1 Guillermo Viera Rosa
(Chair)
BSCC Board Member
Director, Div. of Adult
Parole
CA Department of Corrections
and Rehabilitation
2 Devin Gray Policy Research Department of Cannabis Control – Policy and Research Division
3 Jim Keddy Director Youth Forward
4 Ata Khan Planning Manager City of Pomona – Development Services
5 Charles Smith Commander Department of Cannabis Control – Law Enforcement Division
6 America Velasco Pre-Trial Services
Coordinator Solano County Superior Court
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City of San Bernardino
BSCC 908-22
APPENDIX B
CRITERIA FOR NON-GOVERNMENTAL ORGANIZATIONS RECEIVING
PROPOSITION 64 PUBLIC HEALTH AND SAFETY GRANT FUNDS
The Proposition 64 Public Health and Safety (Prop 64 PH&S) Grant Program Cohort 3 Request for Proposals (RFP) includes requirements that apply to non- governmental, community-based organizations. Grantees are responsible for ensuring that all contracted third parties continually meet these requirements as a condition of receiving Prop 64 PH&S Cohort 3 funds. The RFP describes these requirements as follows:
The Prop 64 PH&S Grant Program Cohort 3 RFP includes requirements that apply to non-governmental organizations that receive funds under this grant. All grantees are responsible for ensuring that a ny contracted third parties continually meet these requirements as a condition of receiving Prop 64 PH&S Grant Program Cohort 3 f unds.
The RFP describes these requirements as follows.
Any non-governmental organization that receives Prop 64 PH&S Grant Program Cohort 3 funds (as either subgrantee or subcontractor) must:
• Have been duly organized, in existence, and in good standing for at least six months prior to the effective date of its fiscal agreement (i.e., December 1, 2022) with the BSCC or with the Prop 64 PH&S grantee. Non-governmental entities that have recently reorganized or have merged with other qualified non- governmental entities that were in existence prior to the six-month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the grant agreement with the BSCC or the start date of the grantee-subcontractor fiscal agreement. • Be registered with the California Secretary of State’s Office, if applicable; • Have a valid business license, Employer Identification Number (EIN), and/or Taxpayer ID (if sole proprietorship);
• Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and
• Have a physical address.
Non-Governmental Organizations (NGOs) include: community -based organizations (CBOs), faith-based organizations (FBOs), nonprofit organizations/501(c)(3)s, evaluators (except government institutions such as universities), grant management companies and any other non- governmental agency or individual. Note: These criteria do not apply to government organizations (e.g., counties, cities, school districts, etc.).
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City of San Bernardino
BSCC 908-22
APPENDIX B
CRITERIA FOR NON-GOVERNMENTAL ORGANIZATIONS RECEIVING
PROPOSITION 64 PUBLIC HEALTH AND SAFETY GRANT FUNDS
In the table below, provide the name of the Grantee and list all contracted parties.
Grantee: City of San Bernardino
Grantees are required to update this list and submit it to BSCC any time a new third-party contract is executed after the initial assurance date. Grantees shall retain (on- site) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the Prop 64 PH&S Grant Program Cohort 3 RFP. These records will be subject to the records and retention language found in Appendices A and C of the Standard Agreement.
The BSCC will not disburse or reimbu rse for costs incurred by any third party that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.
A signature below is an assurance that all requirements listed above have been met.
AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)
NAME OF AUTHORIZED OFFICER TITLE TELEPHONE
STREET ADDRESS CITY STATE ZIP CODE
EMAIL ADDRESS
SIGNATURE (Blue Ink Only or E-signature) DATE
x
Name of Contracted Party Address Email / Phone Meets All Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
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Criteria for Non-Governmental Organizations Receiving
Proposition 64 Public Health and Safety Grant Funds
The Proposition 64 Public Health and Safety (Prop 64 PH&S) Cohort 3 Grant Program Request for Proposals (RFP) includes requirements that apply specifically to non- governmental, community-based organizations who receive grant funds under this grant.
All grantees are responsible for ensuring that all contracted third parties continually meet these requirements as a condition of receiving any Prop 64 PH&S funds. The RFP describes these requirements as follows:
Any non-governmental, community organization that receives Prop 64 PH&S funds (as either a subgrantee or subcontractor) must:
•Have been duly organized, in existence, and in good standing as of November 1, 2022; non-governmental organizations that have recently reorganized or have merged with other qualified non-governmental organizations that were in existence prior to November 1, 2022 are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to May 1, 2023. •Be registered with the California Secretary of State’s Office (https://bizfileonline.sos.ca.gov/search/business), if applicable; •Have a valid business license, Employer Identification Number (EIN), and/or Taxpayer ID (if sole proprietorship);
•Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable.
•Have a physical address.
In the table below, provide the name of the Grantee and list all contracted parties. If you need extra space, prepare a separate document with the information below for each additional contracted agency/organization.
Grantee: City of San Bernardino
Name of Contracted Party Address Email / Phone Meets All Requirements
Women's Inspirational Network
1505 W. Highland Ave. Ste 6
San Bernardino, CA 92411
[email protected]
m Yes x No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
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Grantees are required to update this list and submit it to BSCC any time a new third- party contract is executed after the initial assurance date. Grantees shall retain (on-site) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the Prop 64 PH&S Grant Program RFP. These records will be subject to the records and retention language found in Appendices A and C of the Standard Agreement.
The BSCC will not reimburse for costs incurred by any third party that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.
A signature below is an assurance that all requirements listed above have been met.
AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)
NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER EMAIL ADDRESS
STREET ADDRESS CITY STATE ZIP CODE
APPLICANT’S SIGNATURE (E-signature accepted) DATE
x
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 6, 2023
To: Honorable Mayor and City Council Members
From: Charles Montoya, City Manager
Darren Goodman, Chief of Police
Department: Police
Subject: Accept the 2023 COPS CHP Grant (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-184 authorizing:
1. The City Manager to Accept the 2023 Department of Justice Community Oriented Policing Services Grant.
2. The Director of Finance and Management Services to amend the FY 2023/24 Adopted Budget with an appropriation of $500,000 in both revenues and expenditures in grant funds and $303,743.36 in General Fund expenditures in grant match requirements.
3. The Police Department to increase sworn staffing from 307 to 311.
Executive Summary
The Department was awarded $500,000 from the Department of Justice Community Oriented Policing Services (COPS) Hiring Program (CHP) 2023 Grant. The first-year match funding requirement is $128,743. The grant will be used to hire four officers and partially pay their salaries for the first three years. Staff requests that the City Manager be authorized to accept and administer the grant and that the Department be permitted to increase staffing by four officers.
Background
The Department of Justice Community Oriented Policing Services (COPS) Hiring Program (CHP) grant is intended to reduce crime and promote public safety through community policing by supporting law enforcement agencies nationwide. The grant supports hiring law enforcement officers to increase an agency's community policing and crime prevention capabilities.
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On March 8, 2023, the Department of Justice released the FY 2023 COPS CHP solicitation. In May 2023, the Police Department submitted a CHP application requesting funding to hire four new police officers. The grant would partially fund those four positions for three years, with the City being obligated to maintain them for an additional two years beyond the three-year CHP-funded period. The CHP grant application process was highly competitive; San Bernardino was one of 654 law enforcement agencies that applied for funding. On November 2, 2023, the City received notification that the 2023 grant application was approved, awarding $500,000 for hiring four police officers.
Discussion
The Department of Justice COPS grant award provides funding for up to 75 percent of the approved entry-level salary and fringe benefits of each newly hired or rehired full- time sworn career law enforcement officer over three years of the award period. Unless otherwise waived, there is a minimum 25 percent local cash match requirement and a maximum federal share of $125,000 per officer position. The Department has received match waivers in the past; however, a waiver was not provided for this grant. Funding from this program may be used to:
•Hire New Officers
•Rehire Officers (laid off as a result of budget reductions) •Rehire Officers (at the time of application, currently scheduled to be laid off as a result of budget reductions)
Over the last four years, the Department has applied for and received more than $28,000,000 in grant funding to purchase equipment and resources and pay personnel salaries. Through grants and agreements with external funding sources, the Department has successfully funded 47 police officer positions, 15 professional staff positions, and thousands of overtime hours. These resources have allowed the Department to improve community engagement, reduce crime, improve call response times, and provide better- quality public safety services.
When Chief Goodman assumed command of the Department, he identified the following five critical goals to improve the department and its ability to deliver effective, high- quality public safety services.
•Improve Quality of Life
•Improve Organizational Effectiveness
•Improve Employee Development
•Improve Public Engagement
•Improve Recruitment and Retention
Renewed focus on these goals has improved effectiveness and morale within the Department. Recruitment and retention have resulted in greater staffing than the Department has seen in 13 years. Service has improved as call response times have decreased by 51%; officer productivity has increased by 35%; narcotics recoveries
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have increased by 4,472lbs, reflecting a 54% increase from the previous year; and firearms recoveries have increased by 14% with the Department recovering over 1,057 firearms to date, more than any prior year. These efforts have contributed to a 55% decrease in homicides compared to last year. Accepting the COPS CHP Grant will provide four more officers dedicated to the Department’s mission of setting the standard of excellence in policing and improving the environment for the community to live and raise their families.
CHP grant funds cannot supplant local funds by paying for officer positions currently funded through the adopted budget. Consequently, the Department will increase the number of authorized police officers from 307 to 311. The award of the CHP grant creates an opportunity to increase officer staffing levels within the Police Department while covering most of the cost for the first year of employment. The total grant performance period is 10/1/2023 through 9/30/2028. During the second and third years of the performance period, the City would provide a progressively greater share of the cost for each officer. Accepting the grant would effectively delay the total cost of the additional officers until year three. Beginning 10/1/2026 and lasting through 9/30/2028, the City would be responsible for covering the entire cost of each position. Based on current hiring plans, staff anticipates hiring for positions funding through this grant program as early as December 14, 2023. Staff requests authorization to expend CHP grant funds as early as December 14, 2023.
2021-2025 Strategic Targets and Goals
The request to authorize the receipt, obligation, and expenditure of the 2023 Department of Justice, Community Oriented Policing Services (COPS) Hiring Program Grant aligns with Key Target 1b: Improved Operational & Financial Capacity – Implement, maintain, and update a fiscal accountability plan, and Target 3c: Improved Quality of Life - Constantly evaluate public safety service delivery models to enhance the quality of service.
Fiscal Impact
FISCAL YEAR COST GRANT SHARE GENERAL FUND
SHARE
Current Fiscal Year $528,743,36 $350,000 $178,743.36
Next Fiscal Year $579,185.03 $100,000 $479,185.03
3rd Fiscal Year $617,651.28 $100,000 $567,651.97
4th Fiscal Year $671,529.97 $0 $671,529.97
5th Fiscal Year $727,928.55 $0 $727,928.55
Budget Adjustment:
Yes
SOURCE OF FUNDS:
FY 2023 CHP grant funds supply
$500,000 of the total cost the remainder will
be covered with General Funds.
For Fiscal Year: 23/24
Conclusion
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It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-184 authorizing:
1. The City Manager to Accept the 2023 Department of Justice Community Oriented Policing Services Grant.
2. The Director of Finance and Management Services to amend the FY 2023/24 Adopted Budget with an appropriation of $500,000 in both revenues and expenditures in grant funds and $303,743.36 in General Fund expenditures in grant match requirements.
3. The Police Department to increase sworn staffing from 307 to 311.
Attachments
1. Attachment – Resolution No. 2023 –184
2. Attachment – Grant Documents
Ward:
Synopsis of Previous Council Actions:
November 16, 2022 Approved Resolution 2022-241 to accept the FY 2023 CHP Grant Funds
December 1, 2021 Approved Resolution 2021-284 To accept the FY2021 CHP Grant Funds
July 15, 2021 Approved Resolution 2020-167 to accept and administer the FY2020 CHP Grant funds
February 20, 2019 Approved Resolution 2019-29 adopting the Community Oriented Policing and Problem Solving
Philosophy
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Resolution No. 2023-184
Resolution No. 2023-184
October 18th, 2023
RESOLUTION NO. 2023-184
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO ACCEPT THE
2023 DEPARTMENT OF JUSTICE COMMUNITY
ORIENTED POLICING SERVICES GRANT, THE
DIRECTOR OF FINANCE AND MANAGEMENT SERVICES
TO AMEND THE FY 2023/24 ADOPTED BUDGET WITH AN
APPROPRIATION OF $500,000 IN BOTH REVENUES AND
EXPENDITURES IN GRANT FUNDS AND $303,743.36 IN
GENERAL FUND EXPENDITURES IN GRANT MATCH
REQUIREMENTS, AND THE POLICE DEPARTMENT TO
INCREASE SWORN STAFFING FROM 307 TO 311.
WHEREAS, The City of San Bernardino has been awarded the 2023 Department of Justice, Community Oriented Policing Services Hiring Program Grant in the amount of $500,000.00, and,
WHEREAS, The City will use the funding to promote community policing efforts and reduce gun related violent crime.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Manager is hereby authorized to accept the 2023 Department of Justice Community Oriented Policing Services Hiring Program Grant in the amount of $500,000 for the grant period October 1, 2023 through September 30, 2028.
SECTION 3. The Director of Project and Management Services is hereby authorized to amend the FY2023/24 Adopted Budget with an appropriation of $500,000 in both revenue and expenditure for grant funds and a General Fund match requirement of $303,743.36 in expenditures.
SECTION 4. The Police Department is hereby authorized to increase sworn staffing from 307 to 311, effective October 1, 2023.
SECTION 5.That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
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Resolution No. 2023-184
Resolution No. 2023-184
October 18th, 2023
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0 7
SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of December 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2023-184
Resolution No. 2023-184
October 18th, 2023
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0 7
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-184, adopted at a regular meeting held on the 6 th day of December 2023 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 7th day of December 2023.
Genoveva Rocha, CMC, City Clerk
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Department of Justice (DOJ)
Office of Community Oriented Policing Services (COPS
Office)
Washington, D.C. 20531
Name and Address of Recipient: SAN BERNARDINO, CITY OF 710 N D ST
City, State and Zip: SAN BERNARDINO, CA 92401
Recipient UEI: HRJPGFZSC3H6
Project Title: FY23 COPS Hiring Program
(CHP) Award Number: 15JCOPS-23-GG-04669-UHPX
Solicitation Title: FY23 COPS Hiring Program
Federal Award Amount: $500,000.00 Federal Award Date: 11/2/23 Awarding Agency: Office of Community Oriented Policing Services
Funding Instrument Type: Grant
Opportunity Category: D
Assistance Listing:
16.710 - Public Safety Partnership and Community Policing Grants Project Period Start Date: 10/1/23 Project Period End Date: 9/30/28 Budget Period Start Date: 10/1/23 Budget Period End Date: 9/30/28 Project Description:
The purpose of the COPS Hiring Program (CHP) program is to advance the practice of community policing through the hire or rehire of additional career law enforcement officers. Funding under this award program will be utilized by local law enforcement agencies to hire and rehire career law enforcement officers necessary to increase the jurisdiction’s community policing capacity to prevent and disrupt crime and violence.
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Award Letter
November 2, 2023
Dear Darren Goodman,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Community Oriented Policing Services (the COPS Office) has approved the application submitted by SAN BERNARDINO, CITY OF for an award under the funding opportunity entitled 2023 FY23 COPS Hiring Program. The approved award amount is $500,000.
Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents.
Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by the COPS Office, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.
Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds.
Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date.
To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven’t already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process.
Congratulations, and we look forward to working with you.
HUGH CLEMENTS
COPS Director
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/ Explore/LegalOverview/CivilRightsRequirements.htm.
Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria.
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These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal-opportunity standards.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5).
The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at [email protected].
Award Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
Recipient Information
Recipient Name
SAN BERNARDINO, CITY OF
UEI
HRJPGFZSC3H6 ORI Number
CA03610
Street 1
710 N D ST Street 2
City
SAN BERNARDINO
State/U.S. Territory
California
Zip/Postal Code
92401
Country
United States
County/Parish
Province
Award Details
Federal Award Date
11/2/23
Award Type
Initial
Award Number
15JCOPS-23-GG-04669-UHPX
Supplement Number
00 Federal Award Amount
$500,000.00
Funding Instrument Type
Grant
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Assistance Listing
Number
Assistance Listings Program Title
16.710 Public Safety Partnership and Community Policing Grants Statutory Authority
The Public Safety Partnership and Community Policing Act of 1994, 34 U.S.C. § 10381 et seq. [ ]
I have read and understand the information presented in this section of the Federal Award Instrument.
Project Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
Solicitation Title
2023 FY23 COPS Hiring Program
Application Number
GRANT13874213
Awarding Agency
COPS
Grant Manager Name
TAMMY RICHARDSON
Phone Number
202-598-6908
E-mail Address
[email protected]
Project Title
FY23 COPS Hiring Program (CHP)
Performance Period Start
Date
10/01/2023
Performance Period End Date
09/30/2028
Budget Period Start Date
10/01/2023
Budget Period End Date
09/30/2028
Project Description
The purpose of the COPS Hiring Program (CHP) program is to advance the practice of community policing through the hire or rehire of additional career law enforcement officers. Funding under this award program will be utilized by local law enforcement agencies to hire and rehire career law enforcement officers necessary to increase the jurisdiction’s community policing capacity to prevent and disrupt crime and violence. [ ]
I have read and understand the information presented in this section of the Federal Award Instrument.
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Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
A financial analysis of budgeted costs has been completed. All costs listed in the approved budget below were programmatically approved based on the final proposed detailed budget and budget narratives submitted by your agency to the COPS Office. Any adjustments or edits to the proposed budget are explained below.
Budget Clearance Date: 9/14/23 9:29 AM
Comments
No items
Budget Category Proposed
Budget
Change Approved
Budget
Percentages
Sworn Officer Positions: $2,027,034-$2 $2,027,032
Civilian or Non-Sworn Personnel: $0 $0 $0
Travel: $0 $0 $0
Equipment: $0 $0 $0
Supplies: $0 $0 $0
SubAwards: $0 $0 $0
Procurement Contracts: $0 $0 $0
Other Costs: $0 $0 $0
Total Direct Costs: $2,027,034-$2 $2,027,032
Indirect Costs: $0 $0 $0
Total Project Costs: $2,027,034-$2 $2,027,032
Federal Funds: $500,000$0 $500,000 24.67%
Match Amount: $1,527,032$0 $1,527,03275.33%
Program Income: $0 $0 $0 0.00%
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Budget Category
Sworn Officer
Civilian Personnel
Travel
Equipment
Supplies
SubAwards
Procurement Contracts
Other Costs
Indirect Costs
[ ]
I have read and understand the information presented in this section of the Federal Award Instrument.
Other Award Documents
[ ]
I have read and understand the information presented in this section of the Federal Award Instrument.
Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. 1 Reporting Subawards and Executive Compensation
The recipient agrees to comply with the following requirements of 2 C.F.R. Part 170, Appendix A to Part 170 – Award Term:
I. Reporting Subawards and Executive Compensation
a. Reporting of first-tier subawards.
Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that equals or exceeds $30,000 in Federal funds for a subaward to a non-Federal entity or Federal agency (see definitions in paragraph e. of this award term).
2. Where and when to report.
i. The non-Federal entity or Federal agency must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov.
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ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.)
3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify.
b. Reporting total compensation of recipient executives for non-Federal entities.
1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— i. The total Federal funding authorized to date under this Federal award equals or exceeds $30,000 as defined in 2 CFR 170.320;
ii. in the preceding fiscal year, you received—
(A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards), and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and, iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term:
i. As part of your registration profile at https://www.sam.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first- tier non-Federal entity subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if— i. in the subrecipient's preceding fiscal year, the subrecipient received— (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards) and, (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term:
i. To the recipient.
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ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions.
If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report:
i. Subawards, and
ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term:
1. Federal Agency means a Federal agency as defined at 5 U.S.C. 551(1) and further clarified by 5 U.S.C. 552(f).
2. Non-Federal entity means all of the following, as defined in 2 CFR part 25:
i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization; and, iv. A domestic or foreign for-profit organization
3. Executive means officers, managing partners, or any other employees in management positions.
4. Subaward:
i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.331).
iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract.
5. Subrecipient means a non-Federal entity or Federal agency that:
i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward.
6. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)). 2 Restrictions on Internal Confidentiality Agreements: No recipient or subrecipient under this award, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts the lawful reporting of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. Consolidated Appropriations Act, 2023, Public Law 117-328, Division E, Title VII, Section 742. 3 Page: 8 of 19
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Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and COPS Office authority to terminate award): The recipient and subrecipient agree to comply with the requirements in 2 C.F.R. § 175.15(b) – Award Term:
I. Trafficking in persons.
a. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not— i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity —
i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either— A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2CFR part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by DOJ at 2 C.F.R. Part 2867. b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity—
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or
2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either— i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by DOJ at 2 C.F.R. Part 2867. c. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended 22 U.S.C. 7104(g), and
ii. Is in addition to all other remedies for noncompliance that are available to us under this award.
3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity.
d. Definitions. For purposes of this award term:
1. “Employee” means either:
i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or
ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.
2. “Forced labor” means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
3. “Private entity”:
i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b).
B. A for-profit organization.
4. “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
4 Duplicative Funding: The recipient understands and agrees to notify the COPS Office if it receives, from any other source, funding for the same item or service also funded under this award.
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5 Termination: Recipient understands and agrees that the COPS Office may terminate funding, in whole or in part, for the following reasons:
(1) When the recipient fails to comply with the terms and conditions of a Federal award. (2) When an award no longer effectuates the program goals or agency priorities, to the extent such termination is authorized by law.
(3) When the recipient agrees to the termination and termination conditions. (4) When the recipient provides the COPS Office written notification requesting termination including the reasons, effective date, and the portion of the award to be terminated. The COPS Office may terminate the entire award if the remaining portion will not accomplish the purposes of the award. (5) Pursuant to any other termination provisions included in the award.
2. C.F.R. § 200.340.
6 Award Owner’s Manual: The recipient agrees to comply with the terms and conditions in the applicable 2023 COPS Office Program Award Owner's Manual; DOJ Grants Financial Guide; COPS Office statute (34 U.S.C. § 10381, et seq.) as applicable; Students, Teachers, and Officers Preventing (STOP) School Violence Act of 2018 (34 U.S.C. § 10551, et seq.) as applicable; the requirements of 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) as adopted by the U.S. Department of Justice in 2 C.F.R. § 2800.101; 48 C.F.R. Part 31 (FAR Part 31) as applicable (Contract Cost Principles and Procedures); the Cooperative Agreement as applicable; representations made in the application; and all other applicable program requirements, laws, orders, regulations, or circulars.
Failure to comply with one or more award requirements may result in remedial action including, but not limited to, withholding award funds, disallowing costs, suspending, or terminating the award, or other legal action as appropriate.
Should any provision of an award condition be deemed invalid or unenforceable by its terms, that provision will be applied to give it the maximum effect permitted by law. Should the provision be deemed invalid or unenforceable in its entirety, such provision will be severed from this award. 7 Authorized Representative Responsibility: The recipient understands that, in accepting this award, the Authorized Representatives declare and certify, among other things, that they possess the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accept (or adopt) all material requirements throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.
8 Award Monitoring Activities: Federal law requires that recipients receiving federal funding from the COPS Office must be monitored to ensure compliance with their award conditions and other applicable statutes and regulations. The COPS Office is also interested in tracking the progress of our programs and the advancement of community policing.
Both aspects of award implementation—compliance and programmatic benefits—are part of the monitoring process coordinated by the U.S. Department of Justice. Award monitoring activities conducted by the COPS Office include site visits, enhanced office-based grant reviews, alleged noncompliance reviews, financial and programmatic reporting, and audit resolution. As a COPS Office award recipient, you agree to cooperate with and respond to any requests for information pertaining to your award. This includes all financial records, such as general accounting ledgers and all supporting documents. All information pertinent to the implementation of the award is subject to agency review throughout the life of the award, during the close-out process and for three-years after the submission of the final expenditure report. 34 U.S.C. § 10385(a) and 2 C.F.R. §§ 200.334 and 200.337. 9 Contract Provision: All contracts made by the award recipients under the federal award must contain the provisions required under 2 C.F.R. Part 200, Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. Please see appendices in the Award Owner’s Manual for a full text of the contract provisions.
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10 Assurances and Certifications: The recipient acknowledges its agreement to comply with the Assurances and Certifications forms that were signed as part of its application. 11 Conflict of Interest: Recipients and subrecipients must disclose in writing to the COPS Office or pass-through entity, as applicable, any potential conflict of interest affecting the awarded federal funding in 2 C.F.R. § 200.112. 12 Debarment and Suspension: The recipient agrees not to award federal funds under this program to any party which is debarred or suspended from participation in federal assistance programs. 2 C.F.R. Part 180 (Government-wide Nonprocurement Debarment and Suspension) and 2 C.F.R. Part 2867 (DOJ Nonprocurement Debarment and Suspension).
13 Employment Eligibility: The recipient agrees to complete and keep on file, as appropriate, the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form (I-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States. Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603. 14 Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information: Recipients and subrecipients agree not to discharge, demote, or otherwise discriminate against an employee as reprisal for the employee disclosing information that he or she reasonably believes is evidence of gross mismanagement of a federal contract or award, a gross waste of federal funds, an abuse of authority relating to a federal contract or award, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or award. Recipients and subrecipients also agree to provide to their employees in writing (in the predominant native language of the workforce) of the rights and remedies provided in 41 U.S.C. § 4712. Please see appendices in the Award Owner’s Manual for a full text of the statute. 15 Equal Employment Opportunity Plan (EEOP): All recipients of funding from the COPS Office must comply with the federal regulations pertaining to the development and implementation of an Equal Employment Opportunity Plan. 28 C.F.R. Part 42 subpart E.
16 False Statements: False statements or claims made in connection with COPS Office awards may result in fines, imprisonment, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 31 U.S.C. § 3729-3733.
17 Federal Civil Rights: The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the Department based on the application specifically include statutes and regulations pertaining to civil rights and nondiscrimination, and, in addition—
a. the Applicant understands that the applicable statutes pertaining to civil rights will include section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681); and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102);
b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); section 1407(e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); section 299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)); and that the grant condition set out at section 40002(b)(13) of the Violence Against Women Act (34 U.S.C. § 12291(b)(13)), which will apply to all awards made by the Office on Violence Against Women, also may apply to an award made otherwise; Page: 11 of 19
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c. the Applicant understands that it must require any subrecipient to comply with all such applicable statutes (and associated regulations); and
d. on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§ 42.105 and 42.204.
The Applicant also understands that (in addition to any applicable program-specific regulations and to applicable federal regulations that pertain to civil rights and nondiscrimination) the federal regulations applicable to the award (if any) made by the Department based on the application may include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ "Part 200 Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality - research and statistical information), 23 (criminal intelligence systems), 38 (regarding faith-based or religious organizations participating in federal financial assistance programs), and 46 (human subjects protection). 18 Mandatory Disclosure: Recipients and subrecipients must timely disclose in writing to the Federal awarding agency or pass-through entity, as applicable, all federal criminal law violations involving fraud, bribery, or gratuity that may potentially affect the awarded federal funding. Recipients that receive an award over $500,000 must also report certain civil, criminal, or administrative proceedings in SAM and are required to comply with the Term and Condition for Recipient Integrity and Performance Matters as set out in 2 C.F.R. Part 200, Appendix XII to Part 200. Failure to make required disclosures can result in any of the remedies, including suspension and debarment, described in 2 C.F.R. § 200.339. 2 C.F.R. § 200.113.
19 Reports/Performance Goals: To assist the COPS Office in monitoring and tracking the performance of your award, your agency will be responsible for submitting semi-annual programmatic performance reports that describe project activities during the reporting period and quarterly Federal Financial Reports using Standard Form 425 (SF-425). 2 C.F.R. §§ 200.328 - 200.329. The performance report is used to track your agency’s progress toward implementing community policing strategies and to collect data to gauge the effectiveness of increasing your agency’s community policing capacity through COPS Office funding. The Federal Financial Report is used to track the expenditures of the recipient’s award funds on a cumulative basis throughout the life of the award. 20 Recipient Integrity and Performance Matters: For awards over $500,000, the recipient agrees to comply with the following requirements of 2 C.F.R. Part 200, Appendix XII to Part 200 – Award Term and Condition for Recipient Integrity and Performance Matters:
A. Reporting of Matters Related to Recipient Integrity and Performance
1. General Reporting Requirement
If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.
2. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government;
b. Reached its final disposition during the most recent five-year period; and c. Is one of the following:
(1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, Page: 12 of 19
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reimbursement, restitution, or damages of $5,000 or more; (3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or
(4) Any other criminal, civil, or administrative proceeding if:
(i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; (ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations.
3. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded.
4. Reporting Frequency
During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent five year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report.
Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings.
5. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.
c. Total value of currently active grants, cooperative agreements, and procurement contracts includes— (1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and (2) The value of all expected funding increments under a Federal award and options, even if not yet exercised. 21 System for Award Management (SAM) and Universal Identifier Requirements: The recipient agrees to comply with the following requirements of 2 C.F.R. Part 25, Appendix A to Part 25 – Award Term:
I. System for Award Management and Universal Identifier Requirements A. Requirement for System for Award Management
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain current information in the SAM. This includes information on your immediate and highest level owner and subsidiaries, as well as on all of your predecessors that have been awarded a Federal contract or Federal financial assistance within the last three years, if applicable, until you submit the final financial report required under this Federal award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another Federal award term.
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B. Requirement for Unique Entity Identifier
If you are authorized to make subawards under this Federal award, you:
1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you until the entity has provided its Unique Entity Identifier to you.
2. May not make a subaward to an entity unless the entity has provided its Unique Entity Identifier to you.
Subrecipients are not required to obtain an active SAM registration, but must obtain a Unique Entity Identifier.
C. Definitions
For purposes of this term:
1. System for Award Management (SAM) means the Federal repository into which a recipient must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM internet site (currently at https://www.sam.gov).
2. Unique Entity Identifier means the identifier assigned by SAM to uniquely identify business entities.
3. Entity includes non-Federal entities as defined at 2 CFR 200.1 and also includes all of the following, for purposes of this part:
a. A foreign organization;
b. A foreign public entity;
c. A domestic for-profit organization; and
d. A Federal agency.
4. Subaward has the meaning given in 2 CFR 200.1.
5. Subrecipient has the meaning given in 2 CFR 200.1.
22 Additional High-Risk Recipient Requirements: The recipient agrees to comply with any additional requirements that may be imposed during the award performance period if the awarding agency determines that the recipient is a high- risk recipient. 2 C.F.R. § 200.208.
23 Supplementing, not Supplanting: State, local, and tribal government recipients must use award funds to supplement, and not supplant, state, local, or Bureau of Indian Affairs (BIA) funds that are already committed or otherwise would have been committed for award purposes (hiring, training, purchases, and/or activities) during the award period. In other words, state, local, and tribal government recipients may not use COPS Office funds to supplant (replace) state, local, or BIA funds that would have been dedicated to the COPS Office-funded item(s) in the absence of the COPS Office award. 34 U.S.C. § 10384(a).
24 Background Investigations: Recipients agree to ensure that each officer(s) hired with CHP funding will be subject to a background investigation, notify the COPS Office upon completion of the background investigation for each officer hired under the CHP award, and cooperate with the COPS Office and provide updates on the status of background investigations upon request. 2 C.F.R. § 200.208
If the COPS Office determines that CHP funds are being used to pay the salary and fringe benefits of an officer who has not undergone a background investigation, the COPS Office may temporarily suspend grant funds in accordance with 2 C.F.R. §200.339 until the agency can demonstrate the background investigation has been completed. 25 Evaluations: The COPS Office may conduct monitoring or sponsor national evaluations of its award programs. The Page: 14 of 19
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recipient agrees to cooperate with the monitors and evaluators. 34 U.S.C. § 10385(b). 26 Modifications: Occasionally, a change in an agency’s fiscal or law enforcement situation necessitates a change in its COPS Office CHP award. Award modifications under CHP are evaluated on a case-by-case basis in accordance with 2 C.F.R. § 200.308. For federal awards in excess of $250,000, any modification request involving the reallocation of funding between budget categories that exceed or are expected to exceed 10 percent (10%) of the total approved budget requires prior written approval by the COPS Office. Regardless of the federal award amount or budget modification percentage, any reallocation of funding is limited to approved budget categories. In addition, any budget modification that changes the scope of the project requires prior written approval by the COPS Office. In addition, please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds.
In addition, modification requests should be submitted to the COPS Office when an agency determines that it will need to shift officer positions awarded in one hiring category into a different hiring category and/or reduce the total number of positions awarded. For example, if an agency was awarded CHP funding for two new, additional sworn officer positions, but due to fiscal distress/constraints the agency needs to change the hiring category from the new hire category to the rehire category for officers laid off or scheduled for layoff on a specific future date post-application, the agency would have to request a modification. The COPS Office will only consider a modification request after an agency makes final, approved budget and/or personnel decisions. An agency may implement the modified award following written approval from the COPS Office. Please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds.
During the CHP award period, it may become necessary for an agency to modify its CHP award due to changes in an agency’s fiscal or law enforcement situation. Modification requests should be submitted to the COPS Office when an agency determines that it will need to shift officer positions awarded in one hiring category into a different hiring category, reduce the total number of positions awarded, shift funds among benefit categories, and/or reduce the entry- level salary and fringe benefit amounts. For example, an agency may have been awarded CHP funding for 10 new, additional full-time sworn officer positions, but due to severe fiscal distress/constraints, the agency determines it is unable to sustain all 10 positions and must reduce its request to five full-time positions; or an agency may have been awarded CHP funding for two new, additional sworn officer positions, but due to fiscal distress/constraints the agency needs to change the hiring category from the new hire category to the rehire category for officers laid off or scheduled for layoff on a specific future date post-application. Award modifications under CHP are evaluated on a case-by-case basis. The COPS Office will only consider a modification request after an agency makes final, approved budget and/or personnel decisions. An agency may implement the modified award following written approval from the COPS Office.
Please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds.
27 Retention: At the time of award application, your agency committed to retaining all sworn officer positions awarded under the CHP award with state and/or local funds for a minimum of 12 months following the conclusion of 36 months of federal funding for each position, over and above the number of locally-funded sworn officer positions that would have existed in the absence of the award. Your agency cannot satisfy the retention requirement by using CHP-funded positions to fill locally-funded vacancies resulting from attrition. 34 U.S.C. § 10382 (c)(8). 28 Local Match: COPS Hiring Program award recipients are required to contribute a local match of at least 25 percent towards the total cost of the approved award project, unless waived in writing by the COPS Office. The local match must be a cash match from funds not previously budgeted for law enforcement purposes and must be paid during the award period. The local match contribution must be made on an increasing basis during each year of the three-year award period, with the federal share decreasing accordingly. 34 U.S.C. § 10381(g). 29 School Resource Officer (SRO) Training Requirement: COPS Office-funded SRO(s) are required to complete an SRO 40-hour basic training course from a list of COPS Office approved provider(s). Training must be completed no later than nine months after the date shown on the award congratulatory letter or six months from the SRO hire date; whichever comes first. If a COPS Office-funded SRO leaves the recipient agency after completing the training, the recipient agrees to pay for the new SRO, who is assigned to backfill this position, to attend a 40 hour basic training Page: 15 of 19
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course. The new SRO must complete the training no later than nine months after being placed in the school. If the officer has completed 40-hour basic training within the last 12 months prior to the award date, the condition has been fulfilled. Any longer than 12 months will require the officers to retake the course. The agency must coordinate with the training provider if they want funds to cover registration and travel costs. 30 Extensions: Your agency may request an extension of the 60-month award performance period to receive additional time to implement your award program. Such extensions do not provide additional funding. Any request for an extension will be evaluated on a case-by-case basis. Only those recipients that can provide a reasonable justification for delays will be granted no-cost extensions. Reasonable justifications may include difficulties in filling COPS Office- funded positions, officer turnover, or other circumstances that interrupt the 36-month funding period. An extension allows your agency to compensate for such delays by providing additional time to complete the full 36 months of funding for each position awarded. Extension requests must be received prior to the end date of the award. 31 Contracts and/or MOUs with other Jurisdictions: Sworn law enforcement officer positions awarded must be used for law enforcement activities or services that benefit your agency and the population that it serves. The items funded under the CHP award cannot be utilized by other agencies unless the items benefit the population that your agency serves. Your agency may use items funded under the CHP award to assist other law enforcement agencies under a resource sharing, mutual aid, or other agreement to address multi-jurisdictional issues as described in the agreement. 32 Community Policing: Community policing activities to be initiated or enhanced by your agency and the officers funded by this award program were identified and described in your CHP award application. Your agency developed a community policing plan for the CHP award with specific reference to a crime or disorder problem and the following elements of community policing: (a) problem solving—your agency’s plan to assess and respond to the problem identified; (b) community partnerships and support, including related governmental and community initiatives that complement your agency’s proposed use of CHP funding; and (c) organizational transformation—how your agency will use the funds to reorient its mission to community policing or enhance its involvement in and commitment to community policing. Throughout the CHP award period, your agency is required to implement the community policing plan it set forth in the CHP award application.
The COPS Office defines community policing as a philosophy that promotes organizational strategies that support the systematic use of partnerships and problem-solving techniques to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime. CHP awards through the specific officers funded (or an equal number of redeployed veteran officers) must be used to initiate or enhance community policing activities. All newly hired additional or rehired officers (or an equal number of redeployed veteran officers) funded under CHP must implement your agency’s approved community policing plan, which you described in your award application.
33 Career Law Enforcement Officer: Officer hiring funds may only be used to pay entry-level salaries and fringe benefits for full-time “career law enforcement officers” for 36 months. The COPS Office’s statute defines a “career law enforcement officer” as “a person hired on a permanent basis who is authorized by law or by a State or local public agency to engage in or supervise the prevention, detection, or investigation of violations of criminal laws.” 34 U.S.C. §10389(1). A recipient agency may use officer hiring funds to pay the salary and benefits of recruits while in academy training to become “career law enforcement officers” if it is the standard practice of the agency to do so with locally- funded recruits. The State of Alaska, and any Indian tribe or tribal organization in that State, may also use officer hiring funds for a “village public safety officer” defined as “an individual employed as a village public safety officer under the program established by the State pursuant to Alaska Statute 18.65.670.” Tribal Law and Order Act of 2010, Pub. L. 111-211, title II, § 247 (a)(2).
34 Memorandum of Understanding Requirement (for School Resource Officers only) Recipients using award funding to hire and/or deploy School Resource Officers into schools understand and agree to the following:
• Your agency must submit a signed Memorandum of Understanding (MOU) between the law enforcement agency and Page: 16 of 19
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the school partner(s) to the COPS Office before obligating or drawing down funds under this award. The MOU must be submitted to the COPS Office within 90 days of the date shown on the award letter. • Your agency’s MOU must contain the following information? o The purpose of the MOU
o Clearly defined roles and responsibilities of the school district and the law enforcement agency, focusing officers’ roles on safety
o Information sharing
o Supervision responsibility and chain of command for the SRO o Signatures
Note: Please refer to the MOU Fact Sheet for a detailed explanation of the requirements under each of the bullets Your agency’s implementation of the CHP award without submission and acceptance of the required MOU may result in expenditures not being reimbursed by the COPS Office and/or award de-obligation. 35 Allowable Costs Condition: The funding under this project is for the payment of three years (36 months) of approved full-time entry-level salaries and fringe benefits during the five-year (60 months) period of performance. The maximum federal share is $125,000 per officer position (unless a local match waiver is approved) for career law enforcement officer positions hired and/or rehired on or after the official award start date. Any salary and fringe benefit costs higher than entry-level that your agency pays a CHP-funded officer must be paid with local funds. Your agency is required to use CHP award funds for the specific hiring categories awarded. Funding under this program may be used for the following categories:
• Hiring new officers, which includes filling existing officer vacancies that are no longer funded in your agency’s budget; • Rehiring officers laid off by any jurisdiction as a result of state, local, or Bureau of Indian Affairs (BIA) budget reductions; and/or
• Rehiring officers who were, at the time of award application, scheduled to be laid off (by your jurisdiction) on a specific future date as a result of state, local, or BIA budget reductions.
If your agency’s local fiscal conditions have changed and your agency needs to change one or more of the funded hiring categories, your agency should request an award modification and receive prior approval before spending CHP funding under the new category. The approved budget in the award package specifies the amount of CHP funds awarded to your agency. Please note that the salary and fringe benefit costs requested in your CHP application may have been adjusted or removed. Your agency may only be reimbursed for the approved cost categories up to the amounts specified in the approved budget. Only actual allowable costs incurred during the award period will be eligible for reimbursement and drawdown. If your agency experiences any cost savings over the course of the award (for example, your award application overestimated the total entry-level officer salary and fringe benefits package), your agency may not use that excess funding to continue salary payments to the officers beyond 36 months. Any funds remaining after your agency has drawn down for the costs of approved salaries and fringe benefits incurred for each awarded position during the 36-month funding period will be deobligated during the closeout process and should not be spent by your agency.
36 Advancing Department of Justice Priority Problem Focus Areas: This condition applies to agencies that selected one of the following priority crime problem/focus areas to address in their 2021 COPS Hiring Program (CHP) application:
• Building Legitimacy and Trust
• Violent Crime/Gun Violence
• Combatting Hate and Domestic Extremism
• Police-based Response to Persons in Crisis
Your agency understands and agrees to the following: Your agency will implement the one specific community policing plan identified in your CHP award application?
Your agency will address its specific priority crime problem throughout the entire CHP award period? Your agency will implement any organizational changes identified in its CHP award application; Your agency will cooperate with any award monitoring by the COPS Office to ensure that it is initiating or enhancing its community policing efforts to address its priority crime problem, which may include your agency having to respond to additional or modified reporting requirements.
[ ]
I have read and understand the information presented in this section of the Federal Award Instrument.
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Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I-- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant.
B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant’s legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant.
C. Accept this award on behalf of the applicant.
D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.
Agency Approval
Title of Approving Official
COPS Director
Name of Approving Official
HUGH CLEMENTS
Signed Date And Time
9/22/23 12:35 PM
Authorized Representative
Declaration and Certification (Law Enforcement Executive/Program Official) Declaration and Certification (Government Executive/Financial Official)
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 6, 2023
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Darren L. Goodman, Chief of Police
Department: Police
Subject: Execution of a five-year agreement between the County of San Bernardino and the City of San
Bernardino for Police Department access to the
County Radio Communication System (All Wards).
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-186 authorizing the City Manager to
1. Execute a five-year agreement between the City of San Bernardino and the County of San Bernardino, for Police Department access to the County’s digital radio communication system, and
2. Authorize the Director of Finance and Management Services to issue an annual purchase order to the County of San Bernardino for radio services, not to exceed $2,350,000 over the duration of the agreement.
Executive Summary
The Police Department is seeking to enter into a new five-year agreement for access to the San Bernardino County digital radio system to support daily law enforcement operations. There is no existing alternative radio system available to the Police Department for use, necessitating a continuing contractual relationship with San Bernardino County to provide radio services.
Radio services are an operational cost that is included each year within the Police Department’s annual budget, and this year’s costs have already been provided for in the FY2023/24 Adopted Budget. The new contract will cost $439,884 for the first year and the expense falls within the existing budget allocation for radio-related expenses.
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Background
Public safety agencies, including the San Bernardino Police Department, are heavily reliant on radio communications for their day-to-day operations. The County of San Bernardino operates a digital radio communication system that covers the entirety of San Bernardino County.
The radio system provided by the County is encrypted and serves as the primary radio communications service for the major public safety agencies within the County of San Bernardino. This system allows subscribers to have consistent communication both within their own agencies and with other subscribers to the radio system, particularly during incidents involving multi-agency responses.
The San Bernardino Police Department became a subscriber to the County’s digital radio system in 2017 after the Department’s independently operated radio communications platform became obsolete and could no longer be maintained. Since that time, San Bernardino County has provided radio communication services to the San Bernardino Police Department. Radio services are an ongoing operating expense for the Police Department and are provided for each year as part of the Police Department’s budget.
Discussion
The San Bernardino County Innovation and Technology Division coordinates contract agreements for subscription services to the County’s digital radio communications system. The previous agreement, signed in 2017, between the County and the City of San Bernardino has expired, requiring the establishment of a new agreement for radio services. The agreement with the County offers access to the County’s established backbone system of repeaters and equipment that are necessary for the proper operation of dispatch and field equipment such as dispatch consoles, vehicle-mounted radios, handheld radios, and mobile data access modems. Although the County owns the backbone equipment, the Police Department purchases and owns the dispatch consoles and field equipment that function through access to the backbone system. Additional services covered by the agreement include replacement, maintenance, and access for dispatch consoles, pager access, radio access, and maintenance, radio labor services, and radio mobile data access.
The costs for radio services provided by the County are based on hourly rates for labor- related activities and monthly access rates for devices connected to the radio network. The table below lists the rates by hour or month for connection services and/or labor for 2023.
TABLE A: 2023 COSTS
Service Cost
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Dispatch Console Access, Maintenance,
and Replacement
$693.48 per console/month
Pager Access $16.22 per pager/month
Radio Access and Maintenance $53.58 per radio/month
Radio Labor Services $88.97 per hour
Radio Mobile Data Access $103.58 per modem/month
Based on the current active radios, dispatch consoles, and pagers, the cost for Police Department radio services for the first year of the agreement is expected to be $36,657 monthly and $439,884 for the year. Future costs for radio services are contingent upon active radios, dispatch consoles, and pagers for the Police Department in the system, and necessary system modifications or upgrades. Considering historical cost increases for radio services and anticipating modest staff growth within the Police Department during the duration of the agreement, staff has projected future costs related to the agreement.
TABLE B: COSTS BY YEAR
Year 1 Year 2 Year 3 Year 4 Year 5 Total Cost
$439,884 $456,157 $471,185 $484,621 $498,153 $2,350,000 In addition to radio communications, the agreement with the County also includes the coverage of Wide Area Network (WAN) services. WAN connectivity allows the Police Department to connect to the County’s telecommunications network for the purpose of accessing computer information systems managed by the County that are necessary for Police Department operations and authorized for use by the County. Wan services will include set up, network access, and monitoring for cyber threats or system intrusions.
The services included within the agreement are necessary components of successful Police Department operations. Since there is no alternative radio system available for use by the Police Department, staff is recommending entering into a new five-year agreement with the County of San Bernardino to provide digital radio system and WAN access.
2021-2025 Strategic Targets and Goals
The request to enter into a new agreement with San Bernardino County for radio services aligns with Goal No. 3. Improved Quality of Life; Constantly evaluate public safety service delivery models to enhance the quality of service.
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Fiscal Impact
There is no fiscal impact to the FY2023/24 Adopted Budget. The current Adopted Budget allocated $440,000 for Police Department radio services and projected expenditures for radio services under the new contract fall within the existing budget amount of $439,884.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-186 authorizing the City Manager to
1. Execute a five-year agreement between the City of San Bernardino and the County of San Bernardino, for Police Department access to the County’s digital radio communication system, and
2. Authorize the Director of Finance and Management Services to issue an annual purchase order to the County of San Bernardino for radio services, not to exceed $2,350,000 over the duration of the agreement Attachments
Attachment 1 Resolution No. 2023-186
Attachment 2 Information Technology Service Contract Ward:
All Wards
Synopsis of Previous Council Actions:
October 18, 2017 Mayor and City Council adopted Resolution 2017-198, authorizing an agreement with San Bernardino County for radio system access.
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Resolution No. 2023-186
Resolution 2023-186
December 6, 2023
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RESOLUTION NO. 2023-186
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
FIVE-YEAR AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND THE COUNTY OF SAN BERNARDINO
FOR POLICE DEPARTMENT ACCESS TO THE COUNTY’S
DIGITAL RADIO COMMUNICATION SYSTEM, AND
AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO ISSUE AN ANNUAL
PURCHASE ORDER TO THE COUNTY OF SAN
BERNARDINO FOR RADIO SERVICES, NOT TO EXCEED
$2,350,000 OVER THE DURATION OF THE AGREEMENT.
WHEREAS, the City of San Bernardino Police Department requires radio communication capabilities for operations; and
WHEREAS, the County of San Bernardino has provided access to the County’s digital radio system to the City of San Bernardino through a five-year contractual agreement that became effective in 2017; and
WHEREAS, the previous agreement has expired, requiring the establishment of a new agreement between the City of San Bernardino and County of San Bernardino for Police Department access to the County’s digital radio system.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Manager is authorized to execute a five-year agreement with the County of San Bernardino for Police Department access to the County’s digital radio system.
SECTION 3. The Director of Finance and Management Services is authorized to issue a purchase order to the County of San Bernardino in amount not to exceed $2,350,000.
SECTION 4.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
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Resolution No. 2023-186
Resolution 2023-186
December 6, 2023
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SECTION 5.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of December 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2023-186
Resolution 2023-186
December 6, 2023
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-186, adopted at a regular meeting held on the 6 th day of December 2023 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023.
Genoveva Rocha, CMC, City Clerk
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Standard Contract Page 1 of 15
CITY THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Innovation and Technology Department
Department Contract Representative Staci McClane
Telephone Number 909-388-0622
Customer City of San Bernardino Police
Department (6000-00ES/6000-
00FB)
Customer Representative Captain Adam Affrunti
Telephone Number 909-384-5690
Contract Term 5/1/2023 – 4/30/2028
Original Contract Amount Based on Actual Usage
Amendment Amount N/A
Total Contract Amount Based on Actual Usage
Cost Center Varies
INFORMATION TECHNOLOGY SERVICE REVENUE CONTRACT
This CONTRACT is entered into in the State of California by and between San Bernardino County, hereinafter called, “County”, and City of San Bernardino Police Department, hereinafter called “Customer”.
Name
City of San Bernardino Police Department
Address
710 North D Street
San Bernardino, CA 92401
Telephone
(909) 384 - 5690
Federal ID No. or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS:
Contract Number
ITD-23015
SAP Number
N/A
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A. CONTRACTED SERVICES (Select all that apply):
General ITD Services (Attachment A)
Defined as all services contained in Attachment A “ITD Rate Sheet – External Customers” with exception to Public Safety Communication Services.
Public Safety Communications Services (Attachment B)
Defined under Public Safety Communication Services in Attachment B “ITD Rate Sheet – External Customers”.
Wide Area Network (WAN) Services (Attachment C)
Defined in Attachment C “Wide Area Network Services”. County and Customer agree that the existing Contract (County No. ISD-19026) executed between the parties and effective from August 1, 2019, for a period of five (5) years is terminated effective upon execution of this Contract.
B. PROVISION OF SERVICES
This is the County standard revenue contract to provide information technology services, hereinafter, “Services,” to Customer by the County Innovation and Technology Department, hereinafter, “ITD”.
Customer understands that County may elect to have other vendors provide similar professional services under other contracts.
All Services available under this Contract are listed in full in the Attachments and are detailed by Service name, Service description, rate, and charge measurement as applicable and as identified in the Attachments.
Services are initiated at Customer’s request, subject to ITD’s acceptance, and consist of the following types of charges, as further set forth in the Attachments:
B.1Per item; one-time charge as requested.
B.2Per month; per unit charge ongoing until Customer submits a request to cancel.
B.3Per hour; per work order, project, or quote.
C. CUSTOMER RESPONSIBILITIES
Customer will:
C.1Determine the Services needed, including any adjustments to ongoing Services.
C.2Initiate or cancel any Services via submission of a Help Desk Ticket. Contact County Help Desk by calling: 909-884-4884 or [email protected] (email for non-urgent requests only).
C.3Promptly inform County, in writing, of any pending changes in programs/funding applicable to Services provided herein.
D. COUNTY RESPONSIBILITIES
County will:
D.1Provide the Services requested by Customer, subject to ITD’s approval, and in accordance with established work schedules and County Board of Supervisor (Board) approved service rates in effect at the time Service is provided.
D.2Perform the Services in a workmanlike manner, but County assumes no liability for failure to provide or delay in providing Services under this Contract.
D.3Furnish the necessary equipment and personnel to perform the Services, but County assumes no liability for equipment failure or adverse consequences cause by such failed equipment.
E. GENERAL CONTRACT REQUIREMENTS
E.1 Contract Amendments
Both parties agree that any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Customer and County.
E.2 Contract Assignability
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Without the prior written consent of the County, the Contract is not assignable by Customer either in whole or in part.
E.3 Permits
Customer is responsible for obtaining and paying any costs of all permits, licenses or approvals by any regulatory bodies having jurisdiction over the uses authorized herein, as appropriate.
E.4 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements.
E.5 Change of Address
Customer shall notify the County, in writing, of any change in mailing address within ten (10) business days of the change.
E.6 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.
E.7 Confidentiality
To the extent applicable, if Customer is a business that collects the personal information of a consumer(s) in performing Services pursuant to this Contract, Contractor must comply with the provisions of the California Consumer Privacy Act (CCPA). (Cal. Civil Code §§1798.100, et seq.).
For purposes of this provision, “business,” “consumer,” and “personal information” shall have the same meanings as set forth at Civil Code section 1798.140. Customer must contact the County immediately upon receipt of any request by a consumer submitted pursuant to the CCPA that requires any action on the part of the County, including but not limited to, providing a list of disclosures or deleting personal information. Customer must not sell, market or otherwise disclose personal information of a consumer provided by the County unless specifically authorized pursuant to terms of this Contract. Customer must immediately provide to the County any notice provided by a consumer to Customer pursuant to Civil Code section 1798.150(b) alleging a violation of the CCPA, that involves personal information received or maintained pursuant to this Contract. Customer must immediately notify the County if it receives a notice of violation from the California Attorney General pursuant to Civil Code section 1798.155(b).
Customer shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Customer or an agent of Customer or otherwise made available to Customer or Customer’s agent in connection with this Contract; or, (2) information and/or data acquired, obtained, or learned by Customer or an agent of Customer regarding this Contract.
For the purposes of this provision and consistent with California Civil Code Section 1798.29, PII, is any information that can be used to distinguish or trace an individual’s identity, for example, any combination of name, social security number, date and place of birth, mother’s maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information.
E.8 Primary Point of Contact
Customer will designate an individual to serve as the primary point of contact for the Contract.
Customer shall not change the primary contact without prior written notice to the County.
Customer will also designate a back-up point of contact in the event the primary contact is not available.
E.9 Contract Authorization
Customer warrants and represents that the individual signing this Contract is a properly authorized representative of the Customer and has the full power and authority to enter into this Contract on the Customer’s behalf.
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E.10 County Representative
The County Chief Information Officer or his/her designee shall represent the County in all matters pertaining to the Services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by County.
E.11 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is made in violation of the provisions of this Contract.
E.12 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.
E.13 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.
E.14 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the parties hereto, nor shall either party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.
E.15 Release of Information
No news releases, advertisements, public announcements, or photographs arising out of the performance of the Contract or Customer’s relationship with County may be made or used without prior written approval of the County, as applicable.
E.16 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.
E.17 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Services provided under this Contract is served upon Customer or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Customer and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed.
E.18 Termination for Convenience
The County and the Customer each reserve the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. Such termination may include all or part of the Services provided hereunder. Upon such termination, payment will be made to the County for Services rendered and expenses reasonably incurred prior to the effective date of termination. Upon receipt of termination notice County shall promptly discontinue Services unless the notice directs otherwise.
E.19 Contract Exclusivity
This is not an exclusive Contract. Customer reserves the right to enter into a contract with other contractors for the same or similar services. The Customer does not guarantee or represent that
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the County will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.
E.20 Information Dispute Resolution
In the event the Customer determines that Service in unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.
To this effect, they shall consult and negotiate with each other in good faith, and recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
E.21 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, and San Bernardino District.
F. TERM OF CONTRACT
This Contract is effective as of May 1, 2023 (Effective Date) and remains in effect for a period of five (5) years, unless terminated earlier in accordance with provisions of this Contract.
G. TERMINATION OR SUSPENSION OF SERVICES
G.1Immediate Suspension, Uncured Termination
The County may, in its sole discretion and without prior notice, immediately suspend all or part of the Services for breach of any of the conditions identified below. The County will provide Customer a written notice of breach and allow the Customer 30 days to correct the condition giving rise to such breach. If the Customer fails to remedy the breach within the 30-day cure period, the County may immediately terminate the Services with no further notice required.
G.1.1Customer shall comply with all applicable laws, statutes, ordinances, administrative orders, rules or regulations relating to its duties, obligations and performance under the terms of the Contract. Customer shall ensure that it has all necessary licenses and permits required by the laws of the United States, State of California, County, and all other appropriate governmental agencies, and agrees to maintain these licenses and permits in effect for the duration of the Agreement. Customer shall notify County immediately of loss or suspension of any such required licenses and permits.
G.1.2Customer represents and warrants to County that (i) the information Customer provides in connection with registration for the Services is accurate and complete; (ii) Customer’s use of the System is not illegal, defamatory, malicious, harmful, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) Customer’s use of the Services complies with all applicable laws, rules and regulations; (iv) Customer has obtained all consents and licenses required to legally access and use the System; (v) the execution and delivery of this Agreement will not conflict with, or violate any provision of, Customer’s charter, by-laws or other governing documents; and (vi) Customer has otherwise taken all necessary steps to legally execute this Agreement.
G.1.3Customer agrees to abide by all existing and future security practices, policies and protocols established by the County, which the County has established to ensure the integrity of the System. Customer understands that the County closely monitors the System and may perform periodic security audits to provide insight into any potential abnormalities that may impact ensuring confidentiality, integrity, and availability.
G.1.4Customer agrees to implement measures that are reasonable for Customer’s use of the System to prevent interference with the operation of the System. NEITHER COUNTY
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NOR ANY OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES, SERVICE
SUPPLIERS OR LICENSORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO, MISUSE OF, CUSTOMER’S INABILITY TO ACCESS, OR DAMAGE TO THE SYSTEM OR CUSTOMER’S FIELD EQUIPMENT, EXCEPT TO THE EXTENT CAUSED BY COUNTY’S NEGLIGENCE OR INTENTIONAL MISCONDUCT, UNLESS AND ONLY TO THE EXTENT THAT THIS DISCLAIMER IS PROHIBITED BY APPLICABLE LAW.
G.2Immediate Termination
The County may, in its sole discretion and without prior notice, immediately suspend or terminate all or part of the Services for any of the conditions identified below. The County will promptly provide Customer a written notice of termination or suspension of Services to Customer.
G.2.1County discovers that Customer provided false registration information, or that Customer lacked the capacity to enter into this Agreement at the time of its consummation; G.2.2County determines, in its sole discretion, that Customer’s use of the Services poses a threat or an adverse effect to the security, privacy, or performance of the System or to any of County’s other users or suppliers;
G.2.3County determines, in its sole discretion, that Customer’s use of the Services is illegal; G.2.4County reasonably believes that Customer’s use of the Services has or will subject County to civil or criminal liability;
G.2.5Customer fails to make any payment when due; or
G.2.6Customer breaches any of the other material terms and conditions in this Agreement.
H. FISCAL PROVISIONS
H.1There is no minimum or maximum amount of payment under this Contract.
H.2Services are charged equitably to all customers in accordance with State Controller's Handbook of Cost Plan Procedures for California Counties.
H.3Charges will be based on actual usage at the rates effective at the time Services are rendered (see Attachment A “ITD Rate Sheet – External Customers” and Attachment C “Wide Area Network Services”, if applicable). Rates are reviewed and subject to change annually based on the cost to provide services to Customers and are effective July 1 st of each year. Rates are also subject to change throughout the year via a mid-year rate change, if deemed appropriate based on the cost to provide services to Customers being significantly higher or lower than anticipated during the annual review. County will not amend this Contract due to rate changes or changes in usage amounts by Customer. Attachment A includes the list of County service rates effective at the time this Contract is entered into. County will attempt to provide at least thirty (30) days advance written notice of any rate change, which will be sent to Customer at the following address:
City of San Bernardino Police Department
ATTN: Contracts Management and Accounts Payable
710 North D Street
San Bernardino, CA 92401
H.4Services will be billed on a monthly basis for actual expenses incurred and claimed by ITD for the preceding month.
H.4.1For Customers that use the County’s Enterprise Financial Management System:
Monthly charges will be handled by an automated transfer processed by ITD via the County’s Enterprise Financial Management System. A copy of the billing statement can be accessed via the ITD Billing System by Customer, provided that Customer has the necessary permission on the County’s network.
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H.4.2For Customers that do not use the County’s Enterprise Finance Management System:
County will mail an invoice on a monthly basis starting on the Effective Date of this Contract, or starting on the installation or implementation date, if applicable. Payment shall be due sixty (60) days from date of invoice.
Payment can be made by check or electronic funds transfer (EFT). Checks shall be made payable to San Bernardino County. Customers requesting to make payments to County via electronic funds transfer (EFT) directly deposited into the County’s designated bank account shall provide County with instructions to process EFT payments.
Payment address is:
Innovation and Technology Department
670 E. Gilbert Street, First Floor
San Bernardino, CA 92415-0915
Attn: Administration Services
I. DEFAULT
If the Customer does not make timely payment of amounts due under this Contract or breaches any term or condition of this Contract, County may declare immediately due and payable the entire unpaid amount, plus all other amounts due hereunder, less any unearned charges.
J. INDEMNIFICATION
The County agrees to defend and indemnify the Customer and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising solely out of the acts, errors or omissions of County in the performance of this Agreement, except where such indemnification is prohibited by law. At its sole discretion, Customer may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve County of any obligation imposed by this Contract. Customer shall notify County promptly of any claim, action or proceeding and cooperate fully in the defense. Customer hereby agrees to defend and indemnify the County, its agents, officers and employees from any claim, action, or proceeding against County, arising solely out of the acts or omissions of Customer in the performance of this Agreement. At its sole discretion, County may participate at its own expense in the defense of any such claim, action or proceeding, but such participation shall not relieve Customer of any obligation imposed by this Contract.
County shall notify Customer promptly of any claim, action or proceeding and cooperate fully in the defense. In the event that County and/or Customer are determined to be comparatively at fault for any claim, action, loss or damage that results from their respective obligations under this Agreement, County and/or Customer shall indemnify the other to the extent of its comparative fault.
K. INSURANCE
County is an authorized self-insured public entity for purposes of General Liability and warrants that through its program of self-insurance, it has adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement.
L. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:
San Bernardino County
Innovation and Technology Department
City of San Bernardino Police Department
670 E. Gilbert Street, First Floor
San Bernardino, CA 92415-0915
710 North D Street
San Bernardino, CA 92401
Attn: Administration Services Attn: Captain Affrunti
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.
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M. FORCE MAJEURE
Except for payment obligations and as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party. County shall not be held liable for any delay or failure in performance of any part of this Contract from any cause beyond its control and without its fault or negligence, such as acts of God, acts of civil or military authority, government regulations, strikes, labor disputes, embargoes, epidemics, war, terrorist acts, riots, insurrections, fire, explosions, earthquakes, nuclear accidents, floods, power blackouts, brownouts, or surges, volcanic action, other major environmental disturbances, unusually severe weather conditions, inability to secure product or services of other persons or transportation facilities, or acts or omissions of transportation common carriers.
N. ENTIRE AGREEMENT
This Contract, including all Attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will. This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract. The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.
IN WITNESS WHEREOF, San Bernardino County and Customer have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.
FOR COUNTY USE ONLY
SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO POLICE
DEPARTMENT
(Print or type name of Customer)
By
Chief Information Officer (Authorized signature - sign in blue ink) Dated: ____________________ Name
(Print or type name of person signing contract)
Title
(Print or Type)
Dated:
Address 710 North D. Street
San Bernardino, CA 92401
Approved as to Legal Form
County Counsel
Date
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